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, 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. Certified Financing meaningful link Maintenance, LLC, 2017 WL 5069114, at *45 (W.D. Tenn. 2017); get a hold of together with Gibson v. Home loan Electronic Subscription Expertise, 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 Mortgage, 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) new defendant made a reflection away from an existing otherwise earlier reality; (2) the newest logo is actually not the case when produced; (3) the brand new image was a student in mention of a content truth; (4) the untrue symbol was made sometimes consciously or instead belief during the the details otherwise recklessly; (5) plaintiff relatively made use of this new distorted facts; and you can (6) plaintiff sustained damage as a result of the misprepresentation.
The brand new notice target are the home address unless Borrower possess appointed a substitute find target by notice in order to Lender
PNC Multifamily Financial support Institutional Money XXVI Ltd. Partnership v. Bluff Urban area Neighborhood Innovation Corp., 387 S.W.3d 525, 548 (Tenn. Ct. App. 2012). Fraud must be plead with particularity. Pick Evans v. Pearson Companies, 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. Strength & Cellphone Also have Co., Inc. v. SunTrust Banking companies, Inc., 447 F.3d 923, 931 (6th Cir. 2006); see Humana Inc. v. Medtronic Sofamor Danek U . s ., 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.
