None The latest Action Regarding Believe Neither Tennesget a hold of Laws Requires Delivery Away from A notification Regarding Standard Otherwise Observe Away from Foreclosure Profit

While, even though which Replacement off Trustee hasn’t been filed ahead of the date that is first of guide as needed of the T.C.A beneficial. 35-5-101, mais aussi. seq., then undersigned holder of one’s indebtedness does hereby say that it did appoint the fresh new Replacement Trustee before the basic find from guide and you may do hereby ratify and you will prove all methods pulled because of the Substitute Trustee after said big date from substitution however, before the recording of replacement

(Id.) When this language, as required under T.C.A. 35-5-114, is present, the recording of Substitution of Trustee is of no consequence, as long as it was recorded prior to the deed evidencing sale[.] Goodson, 2016 WL 3752217, at *8 n.15 (Tenn. Ct. App. 2016). Because the foreclosure sale has not occurred and no foreclosure deed has been executed, the Substitution of Trustee was timely recorded on . (Ex. 2.)

Further, Plaintiff cannot plausibly argue that the Deed of Trust requires the recordation of the Substitute Trustee prior the first publication and mailing of the Notice of Foreclosure Sale. This Court, when interpreting the same terms under a similar deed of trust, held that the Deed of Trust contains no requirement as to when the instrument must be recorded[.] Id. at *5. 6

Ergo, Plaintiff does not state a claim that the brand new property foreclosure was wrongful because of the reasoning off tape the newest Replace Trustee pursuing the basic book and you will mailing of one’s Observe regarding Foreclosure Product sales.

1. Substitution of Trustee. Bank, on the option, will get from time to time eradicate Trustee and appoint a replacement trustee to virtually any Trustee designated hereunder because of the an instrument recorded from inside the the condition where it Defense Instrument try registered. Rather than conveyance of the property, the successor trustee will make it to any or all title, strength and you may responsibilities conferred upon Trustee herein and by Appropriate Law.

The Deed Away from Trust Does not require A notice Out personal loans Ohio of Acceleration To help you Notify Plaintiff Out of Her Directly to Reinstate The loan.

Plaintiff cannot claim that the Notice of Acceleration is deficient under paragraph 22 of the Deed of Trust. Paragraphs 15 & 22 concern how notice is generally provided for under the Agreement and Defendants issuing a notice of default prior to acceleration. Sandlin v. Citibank,

Letter.A good., 2018 WL 2370769, at *3 (W.D. Tenn. 2018) (emphasis added); see Lender of new York Mellon v. Chamberlain, 2020 WL 563527, at *4 (Tenn. Ct. App. 2020) (assessing whether the notice of default prior to acceleration as required by paragraph 22 of the deed of trust); CitiMortgage, Inc. v. Drake, 410 S.W.3d 797, 810 (Tenn. Ct. App. 2013) (evaluating whether the notice of default was sufficient under paragraph 22 of the deed of trust). Here, paragraph 22 of the Deed of Trust requires a notice prior to acceleration (i.e. a notice of default; not a notice of acceleration) to notify Plaintiff of her right to reinstate the loan. (Ex. 1, Sec. 22.) Therefore, Plaintiff fails to state a wrongful foreclosure claim based upon an allegation that the Notice of Acceleration is required to notify her of the right to reinstate the loan prior to acceleration. Further, Plaintiff makes no claim that any other document (including a notice of default) failed to satisfy the provisions of the Deed of Trust by providing her the notice at issue.

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Plaintiff cannot claim that the notices of default and of foreclosure sale were deficient because they were not delivered to the Plaintiff. Neither paragraph 15 of the Deed of Trust nor Tennessee law requires actual notice (i.e. delivery). Smith v. Hughes, 2021 WL 1779410, at *7