Whereas, regardless if that it Replacement off Trustee was not filed ahead of the first date regarding book as needed by the T.C.An excellent. 35-5-101, mais aussi. seq., then your undersigned proprietor of the indebtedness do hereby declare that they did hire the Replace Trustee ahead of the very first find regarding book and really does hereby ratify and show all of the steps pulled of the Replace Trustee subsequent to said go out out-of replacing but ahead of the recording of substitution

(Id.) When this language, as required under T.C.A. 35-5-114, is present, the recording of Substitution of Trustee is of no consequence, as long as it was recorded prior to the deed evidencing sale[.] Goodson, 2016 WL 3752217, at *8 n.15 (Tenn. Ct. App. 2016). Because the foreclosure sale has not occurred and no foreclosure deed has been executed, the Substitution of Trustee was timely recorded on . (Ex. 2.)

Further, Plaintiff cannot plausibly argue that the Deed of Trust requires the recordation of the Substitute Trustee prior the first click the link now publication and mailing of the Notice of Foreclosure Sale. This Court, when interpreting the same terms under a similar deed of trust, held that the Deed of Trust contains no requirement as to when the instrument must be recorded[.] Id. at *5. 6

Thus, Plaintiff fails to state a report that this new foreclosure is actually unlawful because of the need out-of tape the newest Substitute Trustee following the earliest publication and you may emailing of your Observe away from Foreclosure Marketing.

1. Replacing regarding Trustee. Lender, in the its solution, get occasionally get rid of Trustee and you will designate a successor trustee to almost any Trustee designated hereunder because of the an instrument recorded during the the new condition in which that it Defense Device was filed. Instead conveyance of the home, the brand new successor trustee should make it to term, power and duties conferred up on Trustee here and by Appropriate Laws.

The new Action Regarding Trust Doesn’t need An alerts Away from Velocity So you can Alert Plaintiff Away from Their unique Directly to Reinstate The borrowed funds.

Plaintiff cannot claim that the Notice of Acceleration is deficient under paragraph 22 of the Deed of Trust. Paragraphs 15 & 22 concern how notice is generally provided for under the Agreement and Defendants issuing a notice of default prior to acceleration. Sandlin v. Citibank,

N.A beneficial., 2018 WL 2370769, at *3 (W.D. Tenn. 2018) (emphasis added); see Lender of brand new York Mellon v. Chamberlain, 2020 WL 563527, at *4 (Tenn. Ct. App. 2020) (assessing whether the notice of default prior to acceleration as required by paragraph 22 of the deed of trust); CitiMortgage, Inc. v. Drake, 410 S.W.3d 797, 810 (Tenn. Ct. App. 2013) (evaluating whether the notice of default was sufficient under paragraph 22 of the deed of trust). Here, paragraph 22 of the Deed of Trust requires a notice prior to acceleration (i.e. a notice of default; not a notice of acceleration) to notify Plaintiff of her right to reinstate the loan. (Ex. 1, Sec. 22.) Therefore, Plaintiff fails to state a wrongful foreclosure claim based upon an allegation that the Notice of Acceleration is required to notify her of the right to reinstate the loan prior to acceleration. Further, Plaintiff makes no claim that any other document (including a notice of default) failed to satisfy the provisions of the Deed of Trust by providing her the notice at issue.

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Plaintiff cannot claim that the notices of default and of foreclosure sale were deficient because they were not delivered to the Plaintiff. Neither paragraph 15 of the Deed of Trust nor Tennessee law requires actual notice (i.e. delivery). Smith v. Hughes, 2021 WL 1779410, at *7