COMMERCIAL BANK, INC. v. RAYMOND E. LACY (Tenn. Ct. App. March 14, 2012)
This appeal results from the grant of summary judgment in favor of Appellee bank. Appellant defaulted on promissory notes executed in favor of Appellee, resulting in a foreclosure sale. After the sale, a foreclosure deficiency existed. The trial court granted summary judgment in favor of the bank, awarding deficiency damages including amounts for unpaid taxes on the property. Appellant appeals. Discerning no error, we affirm.
Opinion available at:
https://www.tba.org/sites/default/files/lacyr_031412.pdf
Showing posts with label Foreclosure Sale. Show all posts
Showing posts with label Foreclosure Sale. Show all posts
Wednesday, March 14, 2012
Monday, January 30, 2012
Court reviews a case involving real property subject to foreclosures and tax sales
TODD MARSH, ET AL. v. LARRY A. STORIE, ET AL. (Tenn. Ct. App. January 26, 2012)
Todd Marsh and Kari Marsh ("Plaintiffs") sued Larry A. Storie ("Storie") and First Tennessee Bank National Association ("First TN Bank") with regard to, among other things, ownership of real property which had been the subject of both a tax sale and a foreclosure sale. After a hearing, the Trial Court entered an order on January 4, 2011 granting partial summary judgment dismissing First TN Bank from the case, and certifying the judgment as final as to First TN Bank pursuant to Tenn. R. Civ. P. 54.02. Plaintiffs appeal the dismissal of their claims against First TN Bank. We affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/marsht_012612.pdf
Todd Marsh and Kari Marsh ("Plaintiffs") sued Larry A. Storie ("Storie") and First Tennessee Bank National Association ("First TN Bank") with regard to, among other things, ownership of real property which had been the subject of both a tax sale and a foreclosure sale. After a hearing, the Trial Court entered an order on January 4, 2011 granting partial summary judgment dismissing First TN Bank from the case, and certifying the judgment as final as to First TN Bank pursuant to Tenn. R. Civ. P. 54.02. Plaintiffs appeal the dismissal of their claims against First TN Bank. We affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2012/marsht_012612.pdf
Thursday, November 17, 2011
Court reviews a mortgage priority dispute involving a scrivener's error on the deed of trust
ABN AMRO MORTGAGE GROUP, INC. v. SOUTHERN SECURITY FEDERAL CREDIT UNION (Tenn. Ct. App. November 17, 2011)
Appellant, the second mortgage holder on the subject property, appeals the trial court's determination that Appellee held a valid first mortgage on the property, when Appellee's mortgage was taken under a deed of trust that contained a scrivener's error that incorrectly identified the property's lot number.
The trial court held that: (1) the scrivener's error was not fatal to Appellant's deed of trust as the instrument otherwise clearly identified the property; (2) Appellant's mortgage was superior to Appellee's; and (3) Appellee's bid at Appellant's foreclosure sale created a valid contract, under which Appellee owed Appellant the purchase price. Finding no error, we affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/abnamro_111711.pdf
Appellant, the second mortgage holder on the subject property, appeals the trial court's determination that Appellee held a valid first mortgage on the property, when Appellee's mortgage was taken under a deed of trust that contained a scrivener's error that incorrectly identified the property's lot number.
The trial court held that: (1) the scrivener's error was not fatal to Appellant's deed of trust as the instrument otherwise clearly identified the property; (2) Appellant's mortgage was superior to Appellee's; and (3) Appellee's bid at Appellant's foreclosure sale created a valid contract, under which Appellee owed Appellant the purchase price. Finding no error, we affirm.
Opinion available at:
http://www.tba2.org/tba_files/TCA/2011/abnamro_111711.pdf
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