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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 appellant, Chris E. Dutton.

Attorneys 2:

Richard T. Klinger, Chattanooga, Tennessee, for the appellee, Patelco Credit Union.

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 following a bench trial. The borrower appeals. We affirm the judgment of the trial court in all respects.