FEDERAL NATIONAL MORTGAGE ASSOCIATION v. JAMES W. FRIERSON ET AL. - Articles

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Posted by: Tanja Trezise on Feb 21, 2013

Court: TN Court of Appeals

Attorneys 1:

Whitney Durand, Chattanooga, Tennessee, for the appellants, James W. Frierson and Patricia M. Frierson.

Attorneys 2:

Misty Smith Kelly, Chattanooga, Tennessee, for the appellee, Federal National Mortgage Association.

Robert E. Cooper, Jr., Attorney General and Reporter; William E. Young, Solicitor General; and Alexander S. Rieger, Assistant Attorney General, General Civil Division, Nashville, Tennessee, for the intervener, Tennessee Attorney General.

Judge(s): SUSANO

This is one of three cases consolidated for oral argument. In each case, the following happened: (1) the borrower defaulted on his or her home loan and the lender foreclosed by non-judicial action, a procedure authorized by the deed of trust; (2) the purchaser at the trustee’s sale sought possession through an unlawful detainer action; (3) the borrower filed a counterclaim asserting that the non-judicial foreclosure process violates the Tennessee Constitution and is against public policy; and (4) the trial court dismissed the counterclaim and granted possession to the purchaser. The present case went off on summary judgment. The borrower appeals. We affirm the judgment of the trial court in all respects.

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