John Pickering

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In a victory for creditors, the Alabama Court of Civil Appeals recently reversed a trial judge’s decision to exclude a copy of a promissory note from evidence simply because it was not an original. Without the promissory note in evidence, the creditor lost its case at trial, so the higher court reversed the judgment for the debtor and sent the case back to the lower court for a new trial. The court explained that the…
It’s a common occurrence – a mortgagor or grantor signs the security instrument a day or two in advance of the loan, or perhaps a note is re-signed a couple of days after closing to correct an error in the original note. Either way, it’s easy to end up with a security instrument that references a “note dated as of” an incorrect date. It shouldn’t matter, some would argue, since the borrower and the lender…
Today the Southeast Financial Litigation Monitor sat down with Balch Partner John Pickering, member of the Financial Industries Section and leader of the Real Estate, Credit and Commercial Practice Group, to discuss the potential implications for financial institutions after last week’s SCOTUS decision guaranteeing a right for same-sex couples to marry in all fifty states.  The US Supreme Court recently ruled 5-4 in Obergefell v. Hodges that the US Constitution guarantees a right for same-sex couples…