Real Estate Litigation

Real Estate – Leinholders, Priority of Rights When Facts Are Not in Dispute

Except as indicated, all indented material is copied directly from the court’s opinion.

Opinions of the Tennessee Supreme Court


Trent v. Mountain Commerce Bank,  No. E2018-01874-SC-R11-CV (Tenn. Aug 26, 2020).

The material facts here are undisputed, and so the determination of the priority of rights among lienholders is solely a question of law. ABN AMRO Mortg. Grp., Inc. v. S. Sec. Fed. Credit Union, 372 S.W.3d 121, 126 (Tenn. Ct. App. 2011) (citing Bankers Trust Co. v. Collins, 124 S.W.3d 576, 578 (Tenn. Ct. App. 2003) ; ATS, Inc. v. Kent, 27 S.W.3d 923, 924 (Tenn. Ct. App. 1998) ); Holiday Hospitality Franchising, Inc. v. States Res., Inc., 232 S.W.3d 41, 47 (Tenn. Ct. App. 2006) (citations omitted). We review the trial court’s ruling on questions of law de novo with no presumption of correctness. ABN AMRO, 372 S.W.3d at 126 (citing ATS, Inc., 27 S.W.3d at 924 ); Holiday Hospitality, 232 S.W.3d at 47 (citation omitted).


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