JENIFER SCHARSCH v. CORNERSTONE FINANCIAL CREDIT UNION ET AL. - Articles

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JENIFER SCHARSCH v. CORNERSTONE FINANCIAL CREDIT UNION ET AL.

Posted by: Karen Belcher on Feb 28, 2023

Court: TN Court of Appeals

Attorneys 1: Benjamin Lewis, Murfreesboro, Tennessee, for the appellant, Jenifer Scharsch.

Attorneys 2: Dudley A. Cheadle, Nashville, Tennessee, for the appellees, Cornerstone Financial Credit Union and John R. Cheadle, Jr.

Judge(s): MCBRAYER

After a borrower defaulted on a note and deed of trust, the lender sent a cure notice and, later, a notice of foreclosure. But the borrower did not receive either notice. When the borrower failed to cure the default, the home was sold at foreclosure. The borrower then sued to set aside the sale, arguing that the lender breached the deed of trust and violated Tennessee law by failing to deliver proper notice. The trial court granted summary judgment in favor of the lender, concluding that the notices only needed to be sent to, not received by, the borrower. We agree and affirm.

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