CITY OF CHATTANOOGA, ET AL.
TAX YEAR 2011 CITY DELINQUENT REAL ESTATE TAXPAYERS
Assigned on Briefs April 3, 2017
from the Chancery Court for Hamilton County No. 11222, 4759
Pamela A Fleenor, Chancellor
case involves a request to redeem real property following a
tax sale. The trial court entered an order of redemption,
divested title out of the tax sale purchaser, and directed
the court clerk to refund the tax sale purchaser the money
expended to purchase the property, plus other sums. We
affirm. Finding the appeal to be frivolous, we remand for a
determination of damages pursuant to Tennessee Code Annotated
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed and Remanded
C. von Kessler, II, Chattanooga, Tennessee, for the
appellant, Thomas G. Hyde.
C. Davey, Chattanooga, Tennessee, for the appellees, City of
Chattanooga and Hamilton County Back Taxes.
L. Abbott, Chattanooga, Tennessee, for the appellee, S &
S Investment Group.
B. Goldin, J., delivered the opinion of the Court, in which
Frank G. Clement, Jr., P.J., M.S., and John W. McClarty, J.,
MEMORANDUM OPINION 
B. GOLDIN, JUDGE.
and Procedural History
appeal concerns rights to a parcel of real property located
in Hamilton County, Tennessee. In July 2007, the property at
issue was acquired by Thomas Woods ("Mr. Woods").
In connection with his purchase of the property, Mr. Woods
executed a deed of trust in favor of Taylor, Bean &
Whitaker Mortgage Corporation. Following a series of
transactions, the deed of trust was eventually assigned to
Carrington Mortgage Services, LLC in the fall of 2015.
4, 2015, Mr. Woods's property was sold at a delinquent
tax sale to Thomas Hyde ("Mr. Hyde"). An order
confirming the sale was entered by the Hamilton County
Chancery Court on June 24, 2015. As is relevant to this
appeal, Mr. Hyde's purchase of the property was subject
to a one-year redemption period. See Tenn. Code Ann.
§ 67-5-2701 (providing that a right to redeem shall vest
in all interested persons upon the entry of an order
confirming the tax sale).
December 1, 2015, Mr. Woods transferred his remaining
interest in the property to Mr. Hyde by quitclaim deed. The
deed expressly provided that the conveyance included,
"without limitation, all of [Mr. Woods's] rights
pursuant to Tenn. Code Ann. [§§]67-5-2701 et seq.,
and all other of [Mr. Woods's] rights arising out of the
June 4, 2015 tax sale." The following day, a person
identified as "Jim Hyde" filed a statement in the
Hamilton County Chancery Court seeking to redeem the
property. The quitclaim deed from Mr. Woods to Mr. Hyde was
attached to the December 2 statement to redeem, as was a
durable power of attorney appointing "Jim A. Hyde"
as Mr. Hyde's attorney-in-fact. Pursuant to the power of
attorney, Mr. Hyde gave "Jim A. Hyde . . . full power
and authority to do and perform all and every act and thing
necessary for the purchase, contracting, sale, and redemption
of real property in Hamilton County, Tennessee." There
does not appear to be any dispute among the parties that the
December 2 statement to redeem was filed on behalf of Mr.
December 8, 2015, Carrington Mortgage Services, LLC
foreclosed on the subject property. The purchaser at
foreclosure was S&S Investment Group, LLC ("S&S
Group"). On December 28, 2015, shortly after S&S
Group obtained an interest in the property pursuant to the
substitute trustee's deed, Jason Sides, a member of
S&S Group, filed a motion on behalf of the company
seeking to redeem the property. Mr. Hyde ...