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Posted by: Landry Butler on May 31, 2017

Court: TN Court of Appeals

Attorneys 1:

Webb Alexander Brewer, Memphis, Tennessee, for the appellants, L. J. Jackson and Brenda Jackson.

Attorneys 2:

Nicholas Henry Adler, Brentwood, Tennessee, for the appellee, CitiMortgage, Inc..

Judge(s): MCCLARTY

This appeal involves a dispute between a loan servicer and a family who subsequently defaulted on a mortgage for a piece of property. The loan servicer foreclosed and sold the property according to the express terms of the mortgage note and deed of trust after the family had been in default for multiple years and after multiple failed attempts to seek loan modification. The family sued for breach of contract and the covenant of good faith and fair dealing, promissory estoppel, and intentional misrepresentation, asserting that the loan servicer promised to postpone the foreclosure sale until after completion of the most recent loan modification review process. The trial court granted summary judgment to the loan servicer on all claims. The family appealed on all four issues. We affirm the trial court’s judgment in all respects.