Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower’s notice address if sent by other means. (Ex. 1, Sec. 15.); Davis v. Wells Fargo Mortgage loan, 2018 WL 1560077, at *11 (Tenn. Ct. App. 2018) (There is no requirement under the deed of trust that the grantor receive notice of the foreclosure.). This paragraph alone demonstrates that Plaintiff fails to state a claim that the notice of default must be delivered to her.
With respect to the Notice of Foreclosure Sale, this Court has held that the publication of the notice [of foreclosure sale is] to follow the statutory publication requirements of 35-5-101, while the mailed notice [is] governed by Sections 22 and 15[.] Ford v. Authoritative Mortgage Servicing, LLC, 2017 WL 5069114, at *45 (W.D. Tenn. 2017); discover also Gibson v. Home loan Electronic Membership Assistance, Inc., 2012 WL 1601313 (W.D. Tenn. 2012) (same). Consistent with the Deed of Trust, Tennessee law only requires that the Notice of Foreclosure Sale be sent via registered or certified mail to the Property Address. TENN. CODE ANN. 35-5-101 (2011); Davis v. Wells Fargo Real estate loan, 2018 WL 1560077, at *11 (Tenn. Ct. App. 2018) (There is no statutory requirement that the notice be received by the debtor.); Mountain Ridge, LLC, 2010 WL 4238479, at *6 (E.D. Tenn. 2010) (The statute contains no requirement of actual notice[.]).
In the Deed of Trust, the Property Address is defined as 8717 Classic Drive, Memphis, Tennessee 38125, which is the same mailing address specified in the Notice of Foreclosure Sale (as well as the Notice of Acceleration). (Compl., Ex. 23); (Ex. 1, Sec. 1.) Therefore, Plaintiff has not and cannot sufficiently allege that the Notice of Foreclosure Sale was not mailed to the Property Address. (Id.) Further, Plaintiff does not allege that the notice of default was not mailed to the Property Address, Plaintiff has neither attached a copy of the notice of default to the Complaint nor identified the address to which it was mailed, and thus, Plaintiff has failed to plausibly plead wrongful foreclosure based upon this ground. (Compl., 21.) Likewise, Plaintiff has not alleged that she requested a substitute address for the mailing of notices as permitted by paragraph 15 of the Deed of Trust. Because there is no requirement under the Deed of Trust or Tennessee law that notices of default or of the foreclosure sale be delivered, Plaintiff fails to state a claim for wrongful foreclosure. Consequently, Plaintiff’s wrongful foreclosure claims should be dismissed, with prejudice.
(1) the fresh defendant made a representation regarding an existing otherwise prior truth; (2) the new signal is actually false whenever generated; (3) the latest image was a student in regard to a material facts; (4) the fresh not the case representation is made sometimes knowingly or in place of faith inside the its specifics or recklessly; (5) plaintiff fairly relied on the fresh distorted reality; and you will (6) plaintiff sustained wreck as a result of the misprepresentation.
Brand new see address will be the house or property address until Borrower has actually designated an alternative notice target because of the notice so you’re able to Bank
PNC Multifamily Investment Institutional Loans XXVI Ltd. Commitment v. Bluff Urban area Community Creativity Corp., 387 S.W.3d 525, 548 (Tenn. Ct. App. 2012). Fraud must be plead with particularity. Look for Evans v. Pearson Businesses, Inc., 434 F.3d 839, 85253 (6th Cir. 2006).
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Particularity requires the Plaintiff to plead the time, place, and content of the fraud, the defendant’s fraudulent intent; the fraudulent scheme; and the injury resulting from the fraud. Fuel & Phone Have Co., Inc. v. SunTrust Banks, Inc., 447 F.3d 923, 931 (6th Cir. 2006); see Humana Inc. v. Medtronic Sofamor Danek Usa, Inc., americash loans Blountsville 133 F.Supp.3d 1068, 107577 (W.D. Tenn. 2015). Here, Plaintiff identifies the alleged misrepresentations as the statements in the notices of default, acceleration, and of foreclosure sale that the Plaintiff was in default and owed an accelerated debt of $399,. (Compl., 26.) Plaintiff claims no other misrepresentations. Under the facts alleged, however, these statements are not actionable fraud.