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HSBC Bank N.A. v. Shields

Court of Appeals of Tennessee, Jackson

March 19, 2018


          Assigned on Briefs March 1, 2018

         Appeal from the Circuit Court for Shelby County No. CT-002851-15 Jerry Stokes, Judge.

         This is an appeal of a routine detainer action. Nevertheless, in her reply brief, the appellant states this case "is a 'Tax Event' and a 'Pre-Paid' account exempt from levy defendants are in commercial dishonor for non-acceptance and payment under section 3-505, 510 of Uniform Commercial Code subject to forfeiture & collection under GAP. Verrina Shields Bey herein 'Responds To Defendants Brief' against Counsel for this 'Tax Event' to have the court rule in her favor and stop, terminate a attempted illegal, unlawful foreclosure." Contrary to the appellant's contentions, the real property at issue was sold at foreclosure, and this is merely a detainer action in which the purchaser of the property, the appellee, is seeking possession of the property. Both the general sessions court and the circuit court of Shelby County ruled in favor of the appellee and entered judgment awarding a writ of possession to the appellee. Due to profound deficiencies in the appellant's brief and reply brief, we dismiss the appeal.

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

          Verrina Shields Bey, Memphis, Tennessee, Pro Se.

          Edmund S. Sauer, Alex McFall, and Brian R. Epling, Nashville, Tennessee, for HSBC Bank, USA, N.A.

          Frank G. Clement Jr., P.J., M.S. delivered the opinion of the Court, in which Charles D. Susano Jr. and Brandon O. Gibson, JJ., joined.


          FRANK G. CLEMENT JR., P.J., M.S.

         This is an appeal of a final judgment of the Circuit Court of Shelby County, which awarded a writ of possession to HSBC Bank, N.A. ("HSBC Bank") to the property at issue, located at 3205 Pershing Avenue, Memphis, Tennessee. The genesis of this action dates back to 2013 when the appellant, Verrina Michelle Shields Bey, a.k.a. Verrina Michelle Shields, a.k.a. Verrina Shields ("Ms. Shields"), defaulted on a loan, the collateral for which is the subject of this appeal. The record before us reveals the following pertinent facts.

         On November 24, 2004, Ms. Shields obtained a Note from Flick Mortgage Investors, Inc. for $43, 500.00. To secure payment of the note, she executed a deed of trust for real property. Thereafter, the deed of trust was assigned to HSBC Bank, as trustee. In August 2014, after Ms. Shields defaulted on her loan, the substitute trustee sent her notice of a foreclosure sale of the property. The substitute trustee also advertised the foreclosure sale as required by law. On February 27, 2015, HSBC Bank purchased the property at the foreclosure sale.[2] After obtaining title to the property, HSBC Bank filed a detainer action in Shelby County General Sessions Court, seeking possession of the property. The general sessions court granted HSBC Bank possession of the property, and Ms. Shields appealed to the circuit court.

         In the circuit court, Ms. Shields challenged the detainer action, alleging various claims of fraud, wrongful foreclosure, set-off, and recoupment. Following a bench trial on June 30, 2016, the circuit court ruled that the doctrine of res judicata barred her affirmative defenses and that her claims and defenses failed on the merits. The circuit court found that Ms. Shields "was in default of the terms of Note and Deed of Trust" and that "HSBC Bank [wa]s entitled to a writ of possession." Based on these rulings, the court awarded HSBC Bank possession of the property. This appeal followed.

         As HSBC Bank notes in its brief, Ms. Shields "makes no attempt in her appellate brief to dispute the circuit court's findings by citing to pertinent parts of the trial record or relevant authority. The appellant's brief fails to address the circuit court's finding that res judicata bars her claims, thereby waiving any challenge to the circuit court's finding on appeal." For these and other reasons, HSBC Bank asks that we dismiss the appeal. Having reviewed Ms. Shields' brief and reply brief, both of which are difficult to comprehend and are profoundly deficient, we find dismissal necessary.

         To explain our reasoning, we have chosen to quote relevant portions of an opinion this court filed in another of Ms. Shields' cases that we recently dismissed for the same reasons.

         In the case of Bey v. Wilson & Associates, PLLC, No. W2016-01330-COA-R3-CV, 2017 WL 5515861, at *2-3 (Tenn. ...

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