Court determines which of two deeds of trust has priority

EQUITY MORTGAGE FUNDING, INC. OF TENNESSEE ET AL. v. JOE BOB HAYNES (Tenn. Ct. App. March 21, 2012)

The issue in this case is which of two deeds of trust has priority. Deed of trust A was executed before deed of trust B was executed; A was also registered before B was registered, but after B was executed. We affirm the chancellor’s decision that A has priority over B and that equitable estoppel does not apply to change this result.

Opinion available at:
https://www.tba.org/sites/default/files/equitymortgage_032112.pdf

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