PLAINTIFF’S Swindle States Fail Because the A matter of Laws

Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower’s notice address if sent by other means. (Ex. 1, Sec. 15.); Davis v. Wells Fargo Real estate loan, 2018 WL 1560077, at *11 (Tenn. Ct. App. 2018) (There is no requirement under the deed of trust that the grantor receive notice of the foreclosure.). This paragraph alone demonstrates that Plaintiff fails to state a claim that the notice of default must be delivered to her.

With respect to the Notice of Foreclosure Sale, this Court has held that the publication of the notice [of foreclosure sale is] to follow the statutory publication requirements of 35-5-101, while the mailed notice [is] governed by Sections 22 and 15[.] Ford v. Certified Financing Maintenance, LLC, 2017 WL 5069114, at *45 (W.D. Tenn. 2017); come across and additionally Gibson v. Mortgage Electronic Registration Possibilities, Inc., 2012 WL 1601313 (W.D. Tenn. 2012) (same). Consistent with the Deed of Trust, Tennessee law only requires that the Notice of Foreclosure Sale be sent via registered or certified mail to the Property Address. TENN. CODE ANN. 35-5-101 (2011); Davis v. Wells Fargo Home loan, 2018 WL 1560077, at *11 (Tenn. Ct. App. 2018) (There is no statutory requirement that the notice be received by the debtor.); Slope Ridge, LLC Utah payday loans, 2010 WL 4238479, at *6 (E.D. Tenn. 2010) (The statute contains no requirement of actual notice[.]).

In the Deed of Trust, the Property Address is defined as 8717 Classic Drive, Memphis, Tennessee 38125, which is the same mailing address specified in the Notice of Foreclosure Sale (as well as the Notice of Acceleration). (Compl., Ex. 23); (Ex. 1, Sec. 1.) Therefore, Plaintiff has not and cannot sufficiently allege that the Notice of Foreclosure Sale was not mailed to the Property Address. (Id.) Further, Plaintiff does not allege that the notice of default was not mailed to the Property Address, Plaintiff has neither attached a copy of the notice of default to the Complaint nor identified the address to which it was mailed, and thus, Plaintiff has failed to plausibly plead wrongful foreclosure based upon this ground. (Compl., 21.) Likewise, Plaintiff has not alleged that she requested a substitute address for the mailing of notices as permitted by paragraph 15 of the Deed of Trust. Because there is no requirement under the Deed of Trust or Tennessee law that notices of default or of the foreclosure sale be delivered, Plaintiff fails to state a claim for wrongful foreclosure. Consequently, Plaintiff’s wrongful foreclosure claims should be dismissed, with prejudice.

(1) the fresh defendant made a reflection out of an existing otherwise previous reality; (2) the fresh sign are not true whenever generated; (3) brand new expression was in regard to a content facts; (4) the latest incorrect signal was made both knowingly otherwise in place of religion within the its information otherwise recklessly; (5) plaintiff reasonably relied on the new distorted fact; and you may (6) plaintiff suffered wreck due to the misprepresentation.

The new notice address should be the house address unless of course Debtor possess appointed an alternative find target of the notice so you’re able to Lender

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PNC Multifamily Financing Organization Money XXVI Ltd. Connection v. Bluff City Area Development Corp., 387 S.W.3d 525, 548 (Tenn. Ct. App. 2012). Fraud must be plead with particularity. Pick Evans v. Pearson Enterprises, Inc., 434 F.3d 839, 85253 (6th Cir. 2006).

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Particularity requires the Plaintiff to plead the time, place, and content of the fraud, the defendant’s fraudulent intent; the fraudulent scheme; and the injury resulting from the fraud. Stamina & Cell Likewise have Co., Inc. v. SunTrust Finance companies, Inc., 447 F.3d 923, 931 (6th Cir. 2006); see Humana Inc. v. Medtronic Sofamor Danek United states of america, Inc., 133 F.Supp.3d 1068, 107577 (W.D. Tenn. 2015). Here, Plaintiff identifies the alleged misrepresentations as the statements in the notices of default, acceleration, and of foreclosure sale that the Plaintiff was in default and owed an accelerated debt of $399,. (Compl., 26.) Plaintiff claims no other misrepresentations. Under the facts alleged, however, these statements are not actionable fraud.

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