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 online payday loans West Virginia 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 Loan Servicing, LLC, 2017 WL 5069114, at *45 (W.D. Tenn. 2017); find plus Gibson v. Financial Digital 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 Home loan, 2018 WL 1560077, at *11 (Tenn. Ct. App. 2018) (There is no statutory requirement that the notice be received by the debtor.); Slope 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 accused produced a representation out of a current or earlier in the day reality; (2) this new icon is incorrect when made; (3) the latest symbol was a student in regard to a content fact; (4) brand new incorrect symbolization is made possibly knowingly otherwise rather than trust during the its truth or recklessly; (5) plaintiff fairly relied on the newest distorted reality; and (6) plaintiff suffered wreck because of the misprepresentation.
The latest observe address is going to be the property address unless Borrower keeps appointed an alternative notice address by notice so you can Financial
PNC Multifamily Investment Organization Funds XXVI Ltd. Relationship v. Bluff City People Creativity Corp., 387 S.W.3d 525, 548 (Tenn. Ct. App. 2012). Fraud must be plead with particularity. See Evans v. Pearson Enterprises, 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 & Mobile Also provide Co., Inc. v. SunTrust Banking institutions, Inc., 447 F.3d 923, 931 (6th Cir. 2006); see Humana Inc. v. Medtronic Sofamor Danek Us, Inc., 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.
