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Robinson v. Trustmark National Bank

Court of Appeals of Mississippi

March 24, 2015

HELEN Y. ROBINSON, APPELLANT
v.
TRUSTMARK NATIONAL BANK AND GERALD M. WARREN, APPELLEES

DATE OF JUDGMENT: 06/17/2013.

COURT FROM WHICH APPEALED: JACKSON COUNTY CHANCERY COURT. TRIAL JUDGE: HON. JAYE A. BRADLEY. TRIAL COURT DISPOSITION: GRANTED APPELLEES' MOTION FOR SUMMARY JUDGMENT.

FOR APPELLANT: RICKY O. AMOS.

FOR APPELLEES: G. MARTIN WARREN JR.

BEFORE GRIFFIS, P.J., CARLTON AND JAMES, JJ. LEE, C.J., GRIFFIS, P.J., BARNES, ISHEE AND CARLTON, JJ., CONCUR. ROBERTS, MAXWELL AND FAIR, JJ., CONCUR IN PART AND IN THE RESULT WITHOUT SEPARATE WRITTEN OPINION. IRVING, P.J., CONCURS IN RESULT ONLY WITHOUT SEPARATE WRITTEN OPINION.

OPINION

Page 1147

NATURE OF THE CASE: CIVIL - REAL PROPERTY

JAMES, J.

[¶1] This appeal arises out of a foreclosure sale of real property by Trustmark National Bank and Gerald M. Warren, substitute trustee (collectively Trustmark), against Helen Robinson on August 11, 2011. Trustmark filed a complaint for unlawful detainer, and the judgment was issued by the County Court of Jackson County, Mississippi. Robinson was ordered to leave the property by February 24, 2012. Robinson then filed a complaint for injunctive and declaratory relief in the Circuit Court of Jackson County, which was denied. Sanctions were ordered against Robinson and her counsel, and the remainder of the case was transferred to chancery court.

[¶2] Robinson appealed to the Mississippi Supreme Court; however, the appeal was dismissed without prejudice. Trustmark filed a motion for summary judgment in chancery court, which the court granted. Robinson now appeals raising the following issues: (1) whether the trial court erred in applying Nichols v. Bush to the case; and (2) whether the trial court erred in granting Trustmark's motion for summary judgment. Finding no error, we affirm.

Page 1148

FACTS

[¶3] On February 20, 2009, Robinson executed a promissory note payable to First Bank and Trust of Mississippi in the amount of $266,091. On that same day, Robinson also executed a deed of trust to Michael L. Riddle as the trustee for Mortgage Electronic Registration Systems Inc (MERS). At some point, Robinson defaulted on the loan, and Trustmark commenced foreclosure proceedings.

[¶4] On August 11, 2011 Trustmark conducted a foreclosure sale on Robinson's real property. Gerald M. Warren was the substitute trustee that conducted the sale. Trustmark then filed a complaint for unlawful detainer. On February 13, 2012, the county court granted Trustmark's motion for unlawful detainer and ordered Robinson to vacate the premises by February 24, 2012. Robinson filed a motion to reconsider, and on June 19, 2012, the court ...


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