August 7, 2017
Today, a Hamilton County, Tennessee (Chattanooga) Circuit Judge granted the homeowner’s sworn motion to vacate a Final Judgment of foreclosure and to stay eviction proceedings. For those of you who follow this website, this is the same case where in March of 2016 the same Court denied FNMA’s Motion for Summary Judgment in an FED (eviction) case. (See post of March 15, 2016 in archives section of this website, to the right of this post).
The homeowner is represented by Jeff Barnes, Esq. and local TN counsel Fred Clelland, Esq. Mr. Barnes, who is admitted PHV in the case, prepared the Sworn Motion on an expedited basis, as the homeowner just discovered that she was about to be evicted by a notice posted on the door of her residence and without any prior notice that the case had progressed since the March, 2016 summary judgment hearing.
After the motion for summary judgment was denied, FNMA changed attorneys. Despite the record fact that Mr. Barnes and Mr. Clelland were of record as representing the homeowner, FNMA’s new attorneys failed to inform either attorney that it was proceeding forward, and obtained a Final Judgment without any notice to the homeowner or either of her counsel.
Tennessee law supports due process and notice to a litigant concerning critical steps in court proceedings. A final judgment entered without notice constitutes reversible error, which law was cited by Mr. Barnes in the homeowner’s sworn Motion to Vacate and Stay.
Jeff Barnes, Esq., www.ForeclosureDefenseNationwide.com