SCOTT TRENT, ET AL.
MOUNTAIN COMMERCE BANK, ET AL.
Session April 16, 2019
from the Chancery Court for Hamblen County No. 2017-CV-460
Jean A. Stanley, Judge. 
action requesting declaratory relief, the appellants filed a
petition seeking to reform a deed to add an additional
grantor and requesting the Trial Court declare that the
appellants hold all rights and interest to the property at
issue. The Trial Court determined that no mutual mistake
existed to support reformation of the original deed and
denied the appellants' petition. The Trial Court also
declined to declare the appellants to be the only parties
holding any interest in the property. Discerning no error, we
R. App. P. 3 Appeal as of Right; Judgment of the Chancery
Court Affirmed; Case Remanded
William E. Phillips, Rogersville, Tennessee, for the
appellants, Scott Trent; Ted C. Trent, Civis Bank; and
William E. Phillips, as trustee.
C. Huret, Kingsport, Tennessee, for the appellee, First
Community Bank, N.A.
J. Shultz, Knoxville, Tennessee, for the appellee, Mountain
Michael Swiney, C.J., delivered the opinion of the court, in
which John W. McClarty, J., joined, and Thomas R. Frierson,
II, J., not participating.
MICHAEL SWINEY CHIEF JUDGE.
appeal involves a piece of real property located along West
First North Street in Morristown, Tennessee ("the
Property"). Adren S. Greene and Pamela W. Greene
obtained ownership of the Property as tenants by the entirety
by warranty deed on December 6, 2007. On March 10, 2010,
Adren S. Greene executed a quitclaim deed transferring his
ownership interest of the Property to Real Estate Holdings of
East Tennessee, L.P. ("Real Estate Holdings").
According to Adren S. Greene, he and Pamela Green were
limited partners in Real Estate Holdings with Adren S.
Greene's brother, Shannon Greene, being a general
January 30, 2012, the Hamblen County Chancery Court
("Trial Court") entered a judgment in favor of
Mountain Commerce Bank ("Mountain Commerce")
against Adren S. Greene, Pamela W. Greene, and Lochmere
Development, Inc., jointly and severally, in the amount of
$300, 000.00 as of January 25, 2012, in addition to any
post-judgment interest to accrue at the contract rate of 7.75
percent per anum. Mountain Commerce recorded the judgment
against Adren S. Greene and Pamela W. Greene on October 22,
2013. In a separate action, the Washington County Circuit
Court entered a judgment on August 3, 2012, in favor of First
Community Bank, N.A. ("First Community") against
Adren S. Greene, Pamela W. Greene, and Lochmere Development
Phase IV, Inc., on two loans totaling $249, 805.63, plus an
award of post-judgment interest at the contract rate of 6.5
percent per anum and reasonable attorney's
fees. First Community recorded its judgment
against Adren S. Greene and Pamela W. Greene on March 28,
August 30, 2016, Real Estate Holdings executed a deed
conveying its interest in the Property to Scott Trent and Ted
C. Trent. On March 13, 2017, Adren S. Greene and Pamela W.
Greene executed a "Quitclaim Deed of Correction,"
acknowledging that Pamela W. Greene's name was not
included as a grantor on the original quitclaim deed to Real
Estate Holdings. In this deed of correction, Adren S. Greene
and Pamela W. Greene asserted that Pamela W. Greene's
name was inadvertently omitted from the original deed and
sought to "correct the aforesaid error and vest [Real
Estate Holdings] with all right, title and interest of [Adren
S. Greene and Pamela W. Greene] as of March 10, 2010."
This deed was signed by both Adren S. Greene and Pamela W.
Greene as grantors of the Property.
underlying action was initiated when the petitioners, Scott
Trent, Ted C. Trent, Civis Bank, and William E. Phillips, as
trustee, (collectively, "Petitioners") filed a
petition for declaratory relief in the Trial Court on
September 8, 2017, seeking a declaration from the Trial Court
that Scott Trent and Ted C. Trent are vested with "all
right, title, and interest" in the Property and that
interest is subject only to a deed of trust executed in order
to secure a loan with Civis Bank. Petitioners further
requested that the Trial Court declare that neither Mountain
Commerce nor First Community "have any contingent future
interest or lien upon [the Property] by virtue of the
judgments" against Adren S. Greene and Pamela W. Greene.