Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

U.S. Bank National Association v. Robertson

Court of Appeals of Tennessee, Jackson

May 11, 2018

U.S. BANK NATIONAL ASSOCIATION
v.
LETITIA ROBERTSON ET AL.

          Session April 18, 2018

          Appeal from the Circuit Court for Shelby County No. CT-003217-16 Gina C. Higgins, Judge

         This is 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 affirm.

         Tenn. 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.

          Edmund S. Sauer and Brian R. Epling, Nashville, Tennessee, for the appellee, U.S. Bank National Association.

          Arnold B. Goldin, J., delivered the opinion of the Court, in which J. Steven Stafford, P.J., W.S., and Kenny Armstrong, J., joined.

          OPINION

          ARNOLD B. GOLDIN, JUDGE

         Background and Procedural History

         On 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.[1] On July 16, 2012, MERS assigned the mortgage to Appellee U.S. Bank.[2]

         The 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.

         On 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.[3] 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).

         While 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 the Property.

         On May 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.

         Issues ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.