REGIONS MORTGAGE et al.
JOSEPH WILLIE BROWN et al.
Assigned on Briefs April 3, 2018
from the Circuit Court for Shelby County No. CT-000531-17
Jerry Stokes, Judge
appeal arises from a marathon of litigation, as many as
eleven separate civil actions, all of which pertain to the
defendants' former property in Eads, Tennessee that
Regions Mortgage, Inc. ("Regions") purchased at a
foreclosure sale in 2013. See Brown v. AmSouth Bank,
No. W2016-02596-COA-R3-CV, 2018 WL 1319169, at *1-2 (Tenn.
Ct. App. Mar. 14, 2018). At issue here is the grant of a writ
of possession to Regions by the General Sessions Court of
Shelby County in a forcible entry and detainer action, which
decision the defendants appealed to the circuit court. When
the circuit court dismissed the appeal for lack of subject
matter jurisdiction, the defendants appealed to this court.
Due to profound deficiencies with the defendants' brief,
specifically the failure to comply with Rule 6 of the Rules
of the Court of Appeals of Tennessee, we dismiss the appeal.
R. App. P. 3 Appeal as of Right; Judgment of the Circuit
Willie Brown and Kimerly W. Brown, Eads, Tennessee, pro se.
Randall D. Noel, Jonathan T. Skrmetti, Memphis, Tennessee,
for the appellee, Regions Mortgage, Inc.
G. Clement Jr., P.J., M.S., delivered the opinion of the
Court, in which Charles D. Susano Jr. and Brandon O. Gibson,
MEMORANDUM OPINION 
G. CLEMENT JR., P.J., M.S.
and Kimerly Brown ("the Browns") purchased a home
in Eads, Tennessee in 2003 and stopped paying on the mortgage
in October 2010. See Brown, 2018 WL 1319169, at *1.
Regions initiated foreclosure proceedings, and the Browns
filed a complaint in chancery court to contest the
foreclosure, the first of eleven actions filed in seven
different courts. Id. Though this case is concerned
solely with an appeal from the Shelby County General Sessions
Court to the Shelby County Circuit Court, we will briefly
summarize the relevant procedural history, which involves
actions filed in other courts, to provide context.
Regions first attempted to foreclose on the Eads property,
the Browns filed suit in Shelby County Chancery Court.
Regions removed the case to the United States District Court
for the Western District of Tennessee. Id. at *2.
The case was mediated, and Regions and the Browns entered
into a settlement agreement. Id. Pursuant to the
settlement agreement, the Browns agreed to pay Regions $590,
000 within ninety days to satisfy their debt. Id. If
the Browns failed to pay that sum, Regions could and would
proceed with foreclosure, and the Browns would not
"contest foreclosure proceedings." Id.
the Browns failed to make the required payment, they elected
to contest the validity of the settlement agreement in the
District Court. Id. After the District Court found
the settlement agreement valid and enforceable, the Browns
appealed to the Sixth Circuit Court of Appeals, and the Sixth
Circuit affirmed the District Court's ruling.
Id. Based on the Sixth Circuit's ruling, Regions
foreclosed on the Eads property, and Regions purchased the
property at the foreclosure sale in 2013. Id.
the District Court issued an order authorizing Regions to
proceed with the forcible entry and detainer process in state
court. Id. When Regions sought to obtain possession
of the property, and thereby remove the Browns from the
property, the Browns once again obtained a stay in a Shelby
County General Sessions Court proceeding. Id.
2015, Regions renewed its action for the forcible entry and
detainer warrant in general sessions court to which the
Browns responded by commencing an action in the Shelby County
Chancery Court, pursuant to an ex parte petition for a
temporary restraining order and a complaint to again contest
the foreclosure proceedings they agreed not to contest.
Id. The chancery court granted Region's motion
to dismiss, recognizing that the claims were based upon
alleged "deficiencies in Regions' foreclosure,
" and that dismissal was required "by virtue of
collateral estoppel and res judicata." Id. The
Browns appealed to this court, and we affirmed the chancery
court's decision. Id. at *4.
the chancery court dismissed the case, Regions prevailed in
the Shelby County General Sessions Court and obtained a
judgment of possession against the Browns on January 18,
2017. The Browns then timely appealed that decision to the
Shelby County Circuit Court and filed an affidavit of
indigence and proceeded on a pauper's oath to avoid a
cost bond. Although the Browns continued to occupy the Eads
property, they ...