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Orion Federal Credit Union v. Brewer

Court of Appeals of Tennessee, Jackson

December 15, 2017

ORION FEDERAL CREDIT UNION
v.
FITZGERALD BREWER

          November 15, 2017 Session

         Appeal from the Circuit Court for Shelby County No. CT-005066-16 James F. Russell, Judge

         This is a post-foreclosure unlawful detainer action in which Orion Federal Credit Union, after purchasing the property at foreclosure, was awarded a judgment for possession of the property by the general sessions court. The prior owner refused to surrender the property and appealed the judgment for possession to the circuit court. Orion filed a motion for judgment on the pleadings, which was granted. The trial court also issued Orion a writ of immediate possession, and Orion took possession of the property. The prior owner appeals the trial court's grant of the motion for judgment on the pleadings. Because we have determined the case is moot, we dismiss.

         Tenn. R. App. P. 3 Appeal as of Right; Appeal Dismissed

          Archie Sanders, Memphis, Tennessee, for the appellant, Fitzgerald Brewer.

          Michael C. Patton, Memphis, Tennessee, for the appellee, Orion Federal Credit Union.

          Arnold B. Goldin, J., delivered the opinion of the court, in which J. Steven Stafford, P.J., W.S., and Joe G. Riley, Sp. J., joined.

          OPINION

          ARNOLD B. GOLDIN, JUDGE

         BACKGROUND AND PROCEDURAL HISTORY

         This appeal arises from a post-foreclosure, unlawful detainer action, which Orion Federal Credit Union ("Appellee, " or "Orion") filed to gain possession of a residential property located in Bartlett, Tennessee (the "Subject Property"). Before the foreclosure and subsequent sale, Fitzgerald Brewer ("Appellant") owned the Subject Property. [1] The foreclosure sale of the Subject Property occurred on October 7, 2016, and Orion was the successful bidder at the sale. However, Mr. Brewer refused to surrender the premises.

         On October 17, 2016, Appellee initiated this action by filing a detainer warrant in the Shelby County General Sessions court.[2] According to the warrant, on October 21, 2016, the resident of the Subject Property was served with the detainer warrant.[3]

         On November 22, 2016, after a hearing, the general sessions court granted possession to Orion, and Mr. Brewer timely appealed to the circuit court. Mr. Brewer continued to refuse to surrender the Subject Property. On February 3, 2017, Orion filed a "Motion to Compel Defendant to Pay Rent During Pendency of Appeal, " and on February 23, 2017, it filed a motion for judgment on the pleadings and a memorandum in support of its motion. In the memorandum, Appellee alleged that it had initiated foreclosure proceedings against Mr. Brewer and the Subject Property in September of 2016. Orion also stated that it purchased the Subject Property at foreclosure, and that the property was transferred by trustee's deed to Orion at the conclusion of the successful foreclosure proceedings. Orion averred that it was compelled to initiate this unlawful detainer action to gain possession of the Subject Property because Mr. Brewer had failed to vacate the premises despite the foreclosure. Although Appellant opposed Orion's motion for judgment on the pleadings, on April 7, 2017, the circuit court granted Orion's motion and dismissed Mr. Brewer's appeal from the general sessions court.

         Also, on April 7, 2017, the circuit court issued a writ of immediate possession to Orion. On April 8, 2017, Orion took possession of the Subject Property. Mr. Brewer timely appealed the circuit court's grant of Orion's motion for judgment on the pleadings.

         ISSUES ...


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