U.S. BANK NATIONAL ASSOCIATION
LETITIA ROBERTSON ET AL.
Session April 18, 2018
from the Circuit Court for Shelby County No. CT-003217-16
Gina C. Higgins, Judge
an unlawful detainer case. U.S. Bank initiated an action
against Letitia and Roderick Robertson in the general
sessions court seeking possession of a residential property
it had purchased at a foreclosure sale after the Robertsons
defaulted on their home loan. The general sessions court
issued U.S. Bank a writ of possession, and the Robertsons
appealed to the circuit court. The circuit court granted U.S.
Bank's motion for summary judgment and writ of
possession. The Robertsons appealed to this Court, arguing
that the circuit court lacked subject matter jurisdiction
over the unlawful detainer claim. Because we have concluded
that the circuit court had subject matter jurisdiction, we
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Court Affirmed and Remanded
Drayton D. Berkley, Memphis, Tennessee, for the appellants,
Letitia Robertson, and Roderick Robertson.
S. Sauer and Brian R. Epling, Nashville, Tennessee, for the
appellee, U.S. Bank National Association.
B. Goldin, J., delivered the opinion of the Court, in which
J. Steven Stafford, P.J., W.S., and Kenny Armstrong, J.,
B. GOLDIN, JUDGE
and Procedural History
December 23, 2005, Appellants Letitia and Roderick Robertson
executed a promissory note evidencing a home loan in the
amount of $192, 000. The promissory note was secured with a
deed of trust on the Robertsons' property at 5255
Lodestone Loop, Memphis, Tennessee (the "Property")
The beneficiary under the deed of trust was Mortgage
Electronic Registration Systems, Inc. ("MERS"),
acting as nominee for the original lender Mortgage Lenders
Network USA, Inc. The deed of trust listed "Robert M.
Wilson" of Wilson & Associates as
trustee. On July 16, 2012, MERS assigned the
mortgage to Appellee U.S. Bank.
Robertsons stopped making payments on the loan, and U.S. Bank
initiated foreclosure proceedings. On July 2, 2014, Wilson
& Associates, as trustee, notified the Robertsons that a
foreclosure sale was scheduled for August 8, 2014. The
Robertsons responded to U.S. Bank and Wilson & Associates
with a "notice of rescission, " alleging, inter
alia, that U.S. Bank had violated the Truth in Lending
Act and that it lacked standing to foreclose.
August 7, 2014, the day before the foreclosure sale, the
Robertsons filed a lawsuit (the "2014 Lawsuit") in
the chancery court for Shelby County against defendant U.S.
Bank, et al., repeating the allegations of the
rescission, and asserting various state and federal law
claims for relief related to the origination and servicing of
their loan. (R. 48-53.) On August 29, 2014, the defendants
timely removed the case to federal district
court. See Robertson v. U.S. Bank,
N.A., No. 14-2677, 2015 WL 12532148, *1 (W.D. Tenn.
Oct. 20, 2015). On October 20, 2015, the district court
granted U.S. Bank's motion for summary judgment,
dismissing all of the Robertsons' claims. Id. at
*17. The Robertsons appealed the decision of the district
court to the U.S. Sixth Circuit Court of Appeals. On August
3, 2016, the Sixth Circuit affirmed the dismissal of the 2014
Lawsuit. See Robertson v. U.S. Bank, N.A., 831 F.3d
757, 765 (6th Cir. 2016).
the Robertsons' appeal of the 2014 Lawsuit was pending,
Wilson & Associates foreclosed on the Property, and on
April 1, 2016, U.S. Bank purchased the Property at the
foreclosure sale. However, the Robertsons failed to vacate
17, 2016, U.S. Bank commenced this unlawful detainer action
in the general sessions court seeking possession of the
Property. The general sessions court entered judgment in
favor of U.S. Bank, and the Robertsons timely appealed to the
circuit court. On January 19, 2017, U.S. Bank filed a motion
for summary judgment and writ of possession in the circuit
court. On June 12, 2017, the circuit court entered an order
granting U.S. Bank's motion for summary judgment and writ
of possession. The Robertsons timely appealed.