While, even in the event that it Replacement away from Trustee wasn’t submitted prior to the first date off publication as needed of the T.C.A good. 35-5-101, et. seq., then your undersigned holder of indebtedness really does hereby declare that it performed hire the newest Replacement Trustee ahead of the basic find off publication and you may really does hereby ratify and you can confirm the actions drawn by the Replace Trustee after told you big date of substitution however, prior to the tape of this substitution
(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 payday loans available in Oklahoma be recorded[.] Id. at *5. 6
Therefore, Plaintiff does not state a claim that this new property foreclosure is unlawful of the reasoning off recording the fresh new Alternative Trustee pursuing the first guide and mailing of your own Find regarding Foreclosures Product sales.
- Substitution away from Trustee. Bank, at the its solution, may from time to time reduce Trustee and you will appoint a replacement trustee to the Trustee designated hereunder because of the a tool submitted inside the state in which it Safety Tool are registered. Instead conveyance of the house, the newest replacement trustee will allow to all identity, electricity and you will requirements conferred up on Trustee here and also by Appropriate Law.
Brand new Deed Of Believe Doesn’t need A notification Of Velocity To Notify Plaintiff Regarding Their particular Straight to Reinstate The borrowed funds.
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 great., 2018 WL 2370769, at *3 (W.D. Tenn. 2018) (emphasis added); see Bank of brand 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