While, though this Substitution out-of Trustee wasn’t registered before the first date away from guide as needed because of the T.C.An effective. 35-5-101, et. seq., then the undersigned proprietor of your indebtedness do hereby claim that it did hire the new Substitute Trustee before the earliest see off publication and you can do hereby ratify and you may show all actions taken by the Replacement Trustee subsequent to told you date out of replacement however, ahead of the tape of the replacing

(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 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

Therefore, Plaintiff fails to condition a claim that new property foreclosure try unlawful of the cause off tape the brand new Replacement Trustee adopting the first guide and mailing of one’s Find out-of Foreclosure Income.

1. Substitution away from Trustee. Lender, at the their solution, will get sporadically cure Trustee and you may appoint a successor trustee to the Trustee designated hereunder of the a device recorded inside the latest county in which it Shelter Software is actually filed. Instead of conveyance of the property, this new replacement trustee should ensure it is to any or all title, stamina and you will requirements conferred on Trustee herein and also by Applicable Rules.

This new Deed From Faith Doesn’t need An alerts Out-of Velocity To Notify Plaintiff Away from Their particular To Reinstate The loan.

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.An effective., 2018 WL 2370769, at *3 (W.D. Tenn. 2018) (emphasis added); see Financial of the latest 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 sample installment loan application form Texas 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