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 Riverside loans 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 Loan Maintenance, LLC, 2017 WL 5069114, at *45 (W.D. Tenn. 2017); get a hold of plus Gibson v. Financial Electronic Subscription Systems, 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 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) this new accused generated a representation off a current or past reality; (2) the fresh new icon is false whenever produced; (3) the brand new signal was at reference to a material fact; (4) new untrue symbol was made often consciously or without belief from inside the the knowledge or recklessly; (5) plaintiff reasonably made use of the latest distorted truth; and you may (6) plaintiff suffered damage due to the misprepresentation.
Brand new notice target will be the house address except if Debtor features appointed a replacement see target from the find to help you Financial
PNC Multifamily Financing Institutional Funds XXVI Ltd. Commitment v. Bluff Area Area Development Corp., 387 S.W.3d 525, 548 (Tenn. Ct. App. 2012). Fraud must be plead with particularity. Pick Evans v. Pearson Enterprises, Inc., 434 F.3d 839, 85253 (6th Cir. 2006).
Owners National Lender v
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 Financial institutions, Inc., 447 F.3d 923, 931 (6th Cir. 2006); see Humana Inc. v. Medtronic Sofamor Danek Usa, 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.
