JACK HELMBOLDT, ET AL. v. MICHAEL R. JUGAN, ET AL. - Articles

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Posted by: Chandra Williams on Jul 25, 2016

Court: TN Court of Appeals

Attorneys 1:

D. Scott Hurley and Ryan N. Shamblin, Knoxville, Tennessee, for the appellants, Michael R. Jugan and Anna M. Jugan.

Attorneys 2:

Daryl R. Fansler, Knoxville, Tennessee, for the appellees, Jack Helmboldt and Deborah Helmboldt.

Judge(s): MCCLARTY

This appeal concerns certain declarations of covenants and restrictions (i.e., a buffer easement) on a piece of property. The purchasers of the property filed a motion for summary judgment arguing that the foreclosure by the bank on its superior mortgage extinguished by operation of law any covenants and restrictions recorded after the bank’s deed of trust was recorded. The trial court granted summary judgment in favor of the purchasers. The holders of the buffer easement containing the covenants and restrictions appeal. We affirm.

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