FEDERAL NATIONAL MORTGAGE ASSOCIATION ET AL. v. LAKISHA SIMMONS ET AL. - Articles

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Posted by: Tanja Trezise on Sep 24, 2014

Court: TN Court of Appeals

Attorneys 1:

Christopher Bernard Simmons, Nashville, Tennessee, appellant, Pro Se.

Attorneys 2:

Lauren Paxton Roberts and Paul Allen England, Nashville, Tennessee, for the appellees Federal National Mortgage Association and Mortgage Electronic Registration Systems, Inc.

Judge(s): MCBRAYER

A husband and wife signed a promissory note, which was secured by a deed of trust, to finance the purchase of a home. Following a default and foreclosure sale, the new owner filed a detainer action in an effort to evict the couple from the property. The wife filed a counterclaim and third-party complaint, which the husband subsequently joined, seeking to invalidate the sale and remain in possession of the home. Among other reasons, the trial court dismissed the counterclaim/third-party complaint on res judicata grounds because the couple had previously filed similar lawsuits that were dismissed with prejudice. The husband appeals. We affirm the judgment of the trial court.