JORGE A. ALFONSO, ET AL. v. LINDA V. BAILEY, EXECUTRIX AND PERSONAL REPRESENTATIVE OF THE ESTATE OF ROBERT M. BAILEY, ET AL. - Articles

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Posted by: Stacey Shrader Joslin on Aug 9, 2016

Court: TN Court of Appeals

Attorneys 1:

Douglas E. Taylor, Seymour, Tennessee, for the appellants, Jorge A. Alfonso and Madelyn Alfonso.

Attorneys 2:

Gordon D. Foster, Knoxville, Tennessee, for the appellees, Linda V. Bailey, Executrix and Personal Representative of the Estate of Robert M. Bailey, Quint Bourgeois, and CUS, LLC.

Judge(s): SWINEY

This appeal stems from a foreclosure. Jorge A. Alfonso and Madelyn Alfonso (“Plaintiffs”) defaulted on their mortgage on real property owed to CitiMortgage, Inc. (“Citi”). Plaintiffs wanted to effectuate a short sale in order to avoid foreclosure. However, certain real estate investors (“Defendants”) attended the foreclosure sale, bid on, and purchased the property. Plaintiffs sued Defendants and Citi in the Chancery Court for Sevier County (“the Trial Court”), alleging in part that Defendants knew that Plaintiffs and Citi were engaged in discussions to complete a short sale but purchased the property anyway. The Trial Court granted Citi’s motion to dismiss finding that Citi had the right to pursue foreclosure even if it was in talks with Plaintiffs to conduct a short sale. Plaintiffs do not appeal that order. The Trial Court later granted a motion to dismiss claims against the remaining Defendants. Plaintiffs appeal to this Court. We find and hold that Plaintiffs have stated no cause of action against the remaining Defendants. We affirm the judgment of the Trial Court.

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