![]() Scharsch filed a petition to enjoin the sale. On the morning of the foreclosure sale, Mrs. The Scharsches were unable to bring the loan current. The letter came through first class mail and informed the couple that the foreclosure sale was scheduled for February 14, 2020. On February 6, 2020, the Scharsches received a letter from Mr. The United States Postal Service returned the notice sent certified mail as “unclaimed.” Cornerstone also published notice of the sale in the Daily News Journal in Rutherford County, Tennessee. Cheadle, Jr., the trustee under the deed of trust, sent the couple a notice of foreclosure by certified and first class mail. It also explained that Cornerstone could accelerate the loan and sell the property if the Scharsches failed to timely cure the default. The notice outlined the reason the loan was in default, the amount required to cure the default, and the date by which the default must be cured. As a result, on September 11, 2019, Cornerstone sent the couple a 30-day cure notice by certified and first class mail. And in May 2019, they stopped making loan payments. Scharsch stopped paying property taxes in 2017. The couple obtained a loan from Cornerstone Financial Credit Union, which they secured by a deed of trust on the property. Jenifer Scharsch and her husband, Jason Scharsch, owned real property in Murfreesboro, Tennessee. Cheadle, Nashville, Tennessee, for the appellees, Cornerstone Financial Credit Union and John R. Benjamin Lewis, Murfreesboro, Tennessee, for the appellant, Jenifer Scharsch. NEAL MCBRAYER, J., delivered the opinion of the court, in which ANDY D. 3 Appeal as of Right Judgment of the Chancery Court Affirmed W. The trial court granted summary judgment in favor of the lender, concluding that the notices only needed to be sent to, not received by, the borrower. The borrower then sued to set aside the sale, arguing that the lender breached the deed of trust and violated Tennessee law by failing to deliver proper notice. When the borrower failed to cure the default, the home was sold at foreclosure. But the borrower did not receive either notice. M2020-01621-COA-R3-CV _ After a borrower defaulted on a note and deed of trust, the lender sent a cure notice and, later, a notice of foreclosure. Appeal from the Chancery Court for Rutherford County No. ![]() CORNERSTONE FINANCIAL CREDIT UNION ET AL. IN THE COURT OF APPEALS OF TENNESSEE AT NASHVILLE JanuSession JENIFER SCHARSCH v.
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