PRIMESTAR FUND 1 TRS, INC.
CLARENCE ARNOLD RIGGS, ET. AL.
Session: November 1, 2016
from the Circuit Court for Coffee County No. 42200 Vanessa
Eugene Hulan, Manchester, Tennessee, appellant, pro se.
J. Chaness, Peachtree Corners, Georgia, for the appellee,
Primestar Fund 1 TRS, Inc.
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.
NEAL McBRAYER, JUDGE
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.
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").
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
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.
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
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
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
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 ...