William Parker, Jr. Ramona D. Hall, and Estate of Roberta W. Parker v. The Bank of New York Mellon, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2005-17, and Select Portfolio Servicing, Inc.

── William Parker, Jr. Ramona D. Hall, and Estate of Roberta W. Parker v. The Bank of New York Mellon, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2005-17, and Select Portfolio Servicing, Inc. ── Court: Supreme Court of Alabama Date: May 15, 2026 Author: Wise Category: General Rel: May 15, 2026 Notice: This opinion is subject to formal revision before publication in the advance sheets of Southern Reporter. Readers are requested to notify the Reporter of Decisions, Alabama Appellate Courts, 300 Dexter Avenue, Montgomery, Alabama 36104-3741 ((334) 229-0650), of any typographical or other errors, in order that corrections may be made before the opinion is printed in Southern Reporter. SUPREME COURT OF ALABAMA OCTOBER TERM, 2025-2026 _________________________ SC-2025-0169 _________________________ William Parker, Jr., Ramona D. Hall, and the Estate of Roberta W. Parker, deceased v. The Bank of New York Mellon, as Trustee for CWABS, Inc., Asset-Backed Certificates, Series 2005-17, and Select Portfolio Servicing, Inc. Appeal from Shelby Circuit Court (CV-22-900165) WISE, Justice. William Parker, Jr. ("Parker"), Ramona D. Hall ("Hall"), and the estate of Roberta W. Parker, deceased ("the estate"), appeal from an order the Shelby Circuit Court entered in favor of The Bank of New York SC-2025-0169 Mellon, as trustee for CWABS, Inc., Asset-Backed Certificates, Series 2005-17 ("BONY"), and Select Portfolio Servicing, Inc. ("SPS"). We reverse the trial court's order and remand this action with instructions that the trial court vacate its order and dismiss the action, without prejudice. Facts and Procedural History William Parker, Sr. ("William"), and his wife, Roberta W. Parker ("Roberta"), owned a house in Hoover ("the property"), as joint tenants with rights of survivorship. Parker is the son of William and Roberta. In November 2005, William and Roberta refinanced the property, and Countrywide Home Loans, Inc., was the lender for the loan. William and Roberta executed a mortgage that provided that Mortgage Electronic Registration System, Inc. ("MERS"), "acting solely as a nominee for Lender and Lender's successors and assigns," was the mortgagee under that instrument. William also executed a promissory note in favor of Countrywide. On February 23, 2012, the mortgage was assigned to BONY. Effective July 16, 2017, SPS became the servicer of the loan. William died on January 23, 2012. After William's death, Parker moved in with Roberta on the property. Roberta died on January 25, 2 SC-2025-0169 2019. Parker asserted that he was Roberta's sole heir and that he became the owner of the property. Subsequently, Parker and Hall married, and Hall moved onto the property with Parker. Parker continued to pay the loan payments on the property for a period after Roberta's death. SPS sent a notice of default that was addressed to Roberta and that was dated February 24, 2020. That notice stated that the loan secured by the mortgage was in default and that a failure to cure the default by March 28, 2020, might result in the acceleration of the debt and foreclosure. At some point, Parker notified SPS of Roberta's death. SPS subsequently notified Parker that he would need to submit various documents if he wished to become a successor in interest on the loan. At some point, the estate was opened in the Shelby Probate Court, and, on July 2, 2020, the probate court appointed Parker as the personal representative of the estate and issued letters of administration to Parker. After Parker submitted the required documents, SPS notified Parker that he had been confirmed as a successor in interest on the property. It also notified him that he would not be liable for the debt unless he assumed the loan secured by the mortgage. Although Parker 3 SC