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R&J of Tennessee, Inc. v. Blankenship-Melton Real Estate, Inc.

Tennessee Court of Appeals

166 S.W.3d 195 (2005)

Relevant factsFree

After purchasing a defaulted note secured by a boat, tractor, truck, and mobile home from Blankenship-Melton (defendant) and its guarantors, R&J (plaintiff), through its president Johnny Melton, waited seven months while family members used the collateral rent-free before initiating foreclosure; notice was sent to an outdated address for guarantor Blankenship, two delivery attempts failed, and R&J proceeded with the sale anyway without confirming receipt, with only Johnny and one relative attending and Johnny as the sole bidder. R&J then sued Blankenship for the deficiency, prevailing in the circuit court after losing in general sessions court, and Blankenship appealed challenging the notice and commercial reasonableness of the sale.

IssueFree

Whether a secured creditor may dispose of collateral after a debtor's default through a foreclosure sale.

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