Terry Case v. Wilmington Trust, N.A., As Trustee For Trust MFRA 2014-2 Et Al.

Terry Case v. Wilmington Trust, N.A., As Trustee For Trust MFRA 2014-2 Et Al.
E2021-00378-COA-R3-CV

The plaintiff appeals the trial court’s order granting the defendants’ motions for summary judgment and dismissing the plaintiff’s claims for breach of contract, wrongful foreclosure, injunctive relief, and declaratory relief. Having determined that the plaintiff has waived arguments related to his breach of contract claim, we review solely the trial court’s dismissal of the plaintiff’s claim for wrongful foreclosure. We conclude that the defendants did not strictly comply with the notice requirements of the deed of trust, vacate the portion of the trial court’s order granting summary judgment to the defendants with respect to the plaintiff’s wrongful foreclosure claim, and set aside the foreclosure sale. We affirm the trial court’s order with respect to the plaintiff’s breach of contract claim. We decline to award the defendants damages pursuant to Tennessee Code Annotated § 27-1- 122.

Authoring Judge: 
Judge Thomas R. Frierson, II
Originating Judge: 
Chancellor Jeffrey M. Atherton
Date Filed: 
Tuesday, June 28, 2022