In Crum v LaSalle Bank, N.A. (55 So3d 266, 2009 Ala Civ App [2009]) the Alabama Court of Civil Appeals rejected a debtor's claim that an assignment by a nominee of the owner of the note and mortgage was ineffective because the assignor lacked ownership of the note evidencing debt at the time it made the assignment. This finding was premised in large part upon the language of the mortgage indenture which conferred upon the nominee named therein (MERS) broad authority to act on behalf of the lender, including being empowered "to take any action required of the lender"