TONY L. PAGADOR APPELLANT
TRUSTMARK NATIONAL BANK APPELLEE
OF JUDGMENT: 05/17/2016
COUNTY CIRCUIT COURT, FIRST JUDICIAL DISTRICT HON. ROGER T.
CLARK TRIAL JUDGE
ATTORNEYS FOR APPELLANT: TIMOTHY BROWN WILLIAM JOSEPH KERLEY
ATTORNEYS FOR APPELLEE: WILLIAM "TREY" JONES III
WILLIAM DEMENT DRINKWATER TAYLOR BRANTLEY MCNEEL
Tony Pagador appeals the judgment of the Harrison County
Circuit Court granting Trustmark National Bank's motion
for summary judgment arising from the foreclosure of
Pagador's home. Following a de novo review, we affirm.
AND PROCEDURAL HISTORY
In 2006, Pagador purchased a home at 13429 Libby Lane in
Gulfport, Mississippi. To purchase the home, Pagador entered
into a deed of trust with T. Graham Mortgage Inc., which was
secured with a promissory note. The deed of trust contained a
"[r]ider" and incorporated an addendum from the
Department of Veteran Affairs (VA) guaranteeing the loan, as
Pagador was a veteran with the United States Coast Guard. T.
Graham Mortgage assigned the deed of trust to Trustmark
Pagador made timely mortgage payments on the loan up until
June 2010, when he learned that the house contained toxic
Chinese drywall. Pagador and his family then moved out of the
home so that remedial work could be performed on the house.
He asked Trustmark for a forbearance from monthly loan
payments for the period of time he and his family were not
living in the home while repairs were being made. Trustmark
offered Pagador a special VA forbearance and informed him by
letter, which he signed and returned, that his loan was in
forbearance from July 1, 2010, through December 31, 2010. The
letter further specified that after December 31, 2010,
Pagador would "be required to pay the total amount past
due for the period of time in which no payments were made . .
In May 2011, Pagador requested an additional forbearance
period because the drywall repair was still not complete.
Trustmark issued a second forbearance period, which the
parties agree ended August 31, 2011. In September 2011,
Pagador requested a third forbearance period because the
drywall remediation was still not complete. In an email to
Trustmark dated February 13, 2012, Karla Pagador,
Pagador's mother, alleged that James Hodges, a VA
representative, had verbally advised Pagador that Trustmark
had extended the forbearance until March 7, 2012. However,
there was no communication, documentation, or other evidence
indicating Trustmark had granted a third or extended
forbearance. Rather, Pagador was notified by substitute
trustee, Gerald Warren, via certified mail dated February 10,
2012, that Trustmark was foreclosing on the home.
Specifically, the notice letter stated that "Trustmark
National Bank [had] previously notified [Pagador] by
certified mail that the above referenced loan [was] in
default and declared all of the indebtedness secured by [the
deed of trust] . . . to be due and owing." The notice
advised that Warren had been instructed to initiate
foreclosure proceedings and stated that the foreclosure was
scheduled for March 22, 2012. The notice further provided
that "[i]n order to cure the default and reinstate the
loan, the amount of $21, 585.75 is due . . . ." Finally,
the notice advised that the loan must be reinstated or paid
in full prior to the day of sale, and if not reinstated or
paid in full, then the foreclosure sale would proceed as
It is undisputed that Pagador made no mortgage payments after
June 2010. Pagador did not cure the default, and neither did
he object to the foreclosure. On March 22, 2012, Trustmark
foreclosed on Pagador's home. Pagador now appeals.