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Hall v. Green Tree Servicing, LLC

Court of Appeals of Mississippi

March 24, 2015

WENDY HALL APPELLANT
v.
GREEN TREE SERVICING, LLC, SUCCESSOR BY MERGER TO WALTER MORTGAGE COMPANY, LLC AND W. STEWART ROBISON APPELLEES

DATE OF JUDGMENT: 05/28/2013

SUNFLOWER COUNTY CHANCERY COURT HON. JANE R. WEATHERSBY TRIAL JUDGE:

ATTORNEY FOR APPELLANT: ALFRED PETER CUTTURINI

ATTORNEYS FOR APPELLEES: W. STEWART ROBISON ALTON LAMAR WATTS

BEFORE IRVING, P.J., ROBERTS AND MAXWELL, JJ.

ROBERTS, J.

¶1. On September 10, 2012, a foreclosure sale of a piece of residential property located in Sunflower County, Mississippi, was held on the front steps of the Sunflower County Courthouse, with Green Tree Servicing LLC, successor by merger to Walter Mortgage Company (referred to as Green Tree), buying the property. Wendy Hall and James Thomas filed a complaint to set aside the foreclosure sale on the grounds that the property description was incorrect and that W. Stewart Robison was not the current trustee; thus he did not have the authority to sell the property. The Sunflower County Chancery Court held that the foreclosure sale should not be set aside since Robison was a proper trustee and that there was no significant error in the property description to warrant setting aside the sale. Hall raises the same issues on appeal, but finding no error, we affirm.

FACTS AND PROCEDURAL HISTORY

¶2. On February 9, 1993, Hall and Thomas executed a deed of trust in favor of Jim Walter Homes Inc. encumbering a piece of real property located in Sunflower County. Attached to the deed of trust was the following property description:

Commence at the S/W corner of Block 6 of the McInnis First Addition to the Town of Inverness, and run West to the centerline of U.S. Highway No. 49; thence South along the centerline of said highway 938.50 feet; thence North 89 Degrees 19 Minutes East: 34.50 feet to the east right of way of said highway and the point of beginning of the herein described parcel of land; thence continue North 89 Degrees 19 Minutes East 70.0 feet; thence South 87 Degrees 41 Minutes East 14.50 feet; thence South 00 Degrees 12 Minutes East along the top of said ditch 40.4 feet to a grader blade in the center of an east-west ditch; thence North 85 Degrees 36 Minutes West along the center of the east-west ditch 109.5 feet to a grader blade 34.5 feet east of the centerline of the highway; thence North 104.5 feet to the point of beginning, being a part of Block 8, McInnis First Addition according to the official map of Inverness, Mississippi, drawn by L.E. Claiborne, April 7, 1953.

The deed of trust named Robison as trustee. The deed of trust was assigned multiple times, but ultimately ended with a June 15, 2012 assignment to U.S. Bank N.A. as trustee on behalf of Mid-State Trust IV.

¶3. Hall and Thomas defaulted on the deed of trust, so in August 2012, Robison, as trustee, began the foreclosure process. Robison published the notice of a foreclosure sale in the local newspaper with an identical property description as above, except that the word "line" from "centerline" was omitted in one instance. So the property description in the notice of sale read:

Commence at the S/W corner of Block 6 of the McInnis First Addition to the Town of Inverness, and run West to the centerline of U.S. Highway No. 49; thence South along the centerline of said highway 938.50 feet; thence North 89 Degrees 19 Minutes East: 34.50 feet to the east right of way of said highway and the point of beginning of the herein described parcel of land; thence continue North 89 Degrees 19 Minutes East 70.0 feet; thence South 87 Degrees 41 Minutes East 14.50 feet; thence South 00 Degrees 12 Minutes East along the top of said ditch 40.4 feet to a grader blade in the center of an east-west ditch; thence North 85 Degrees 36 Minutes West along the center of the east-west ditch 109.5 feet to a grader blade 34.5 feet east of the centerline of the highway; thence North 104.5 feet to the point of beginning, being a part of Block 8, McInnis First Addition according to the official map of Inverness, Mississippi, drawn by L.E. Claiborne, April 7, 1953.

(Emphasis added). On September 10, 2012, the foreclosure sale was held, and the property was sold to Green Tree. On September 24, 2012, the trustee's deed conveying the property ...


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