Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Inc. v. Riggs

Court of Appeals of Tennessee, Nashville

November 8, 2016

PRIMESTAR FUND 1 TRS, INC.
v.
CLARENCE ARNOLD RIGGS, ET. AL.

          Session: November 1, 2016

         Appeal from the Circuit Court for Coffee County No. 42200 Vanessa Jackson, Judge

          Robert Eugene Hulan, Manchester, Tennessee, appellant, pro se.

          Bret J. Chaness, Peachtree Corners, Georgia, for the appellee, Primestar Fund 1 TRS, Inc.

          W. Neal McBrayer, J., delivered the opinion of the court, in which Frank G. Clement, Jr., P.J., M.S., and Richard H. Dinkins, J., joined.

          MEMORANDUM OPINION[1]

          W. NEAL McBRAYER, JUDGE

         On February 22, 2006, Arnold Riggs and Pamela Riggs executed a deed of trust for property known as 324 Grandview Dr., Manchester, Tennessee (the "Property"). The deed of trust secured, among other things, a promissory note made by the Riggses in favor of Mercantile Mortgage Co. The deed of trust was recorded in the Office of the Register of Deeds for Coffee County, Tennessee, on March 3, 2006.

         The Riggses defaulted on their obligations under the promissory note and deed of trust, and a successor trustee under the deed of trust conducted a foreclosure sale of the Property on October 18, 2013. The successor trustee conveyed the Property to PROF-2012-S1 REO I LLC. The following year, PROF-2012-S1 REO I LLC transferred the Property to Wilmington Savings Fund Society, FSB, as trustee, and on March 26, 2015, Wilmington Savings Fund Society, FSB, transferred the Property to Primestar Fund I TRS, Inc. ("Primestar").

         Primestar filed a detainer warrant in the General Sessions Court for Coffee County, Tennessee, seeking only possession of the Property. The detainer warrant named as defendants the Riggses, Rhonda Sweatland, "'and All Others.'" None of the named defendants appeared for the hearing in general sessions court, but Robert Hulan did.[2] Mr. Hulan testified that he had repaired or worked on the residence located on the Property and that, in payment for that work, the Property was transferred by the Riggses to the Sherry Renee Hulan Family Limited Partnership.

         Ultimately, the general sessions court dismissed the warrant because Primestar was unable to prove it was the owner of or otherwise entitled to possession of the Property. Primestar appealed to the Circuit Court of Coffee County, Tennessee, and filed a motion for summary judgment. In its statement of undisputed material facts, Primestar recounted and provided certified copies of all the filings related to the Property recorded with the register's office, including the deed to Primestar. The filings also included two documents supportive of Mr. Hulan's claims in general sessions court.

         The first document was an affidavit of Mr. Riggs. The affidavit provided, in part, as follows:

In the year [sic] of 2009, 2010, and 2011, Robert Hulan repaired and/or had repaired or completed work on our home at 324 Grandview Drive Manchester, TN. [sic] 37355. Affiant was not able to pay Robert Hulan or could only pay partially what was owed him. Affiant still owes Robert Hulan $24, 200 (twenty-four thousand two-hundred) total. Robert Hulan, during those years repaired leaks in chimney many times, repaired leaks in sunroom roof, leaks around windows, painted house, pressure washed and stained and sealed exterior of house, cut large tree down, and hauled off, put new roof on house, repaired metal on eaves of house, many other smaller jobs too numerous to write down. Affiant has Quit claimed [sic] land to Sherry Renee Hulan limited partnership for payment in full of twenty four thousand two hundred dollars $24, 200 to satisfy mechanical lien for work completed. Labor and materials.

         The second document was a quitclaim deed from the Riggses to the Sherry Renee Hulan Family Limited Partnership. Both documents were executed and recorded the same day, September 30, 2013, over seven and one-half years after the recording of the deed of trust.

         Mr. Hulan, pro se, filed a motion for leave to intervene in the case and a request for a continuance of the hearing on the motion for summary judgment. But, on November 9, 2015, the circuit court granted summary judgment and, by doing so, implicitly denied intervention by Mr. Hulan. The court found that Primestar was entitled to possession of ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.