· 10/9/2014
Pinnacle Premier Properties, Inc. and Pinnacle Realty Advisors, Inc v. Ghislain Breton, Catherine Denicourt and David Andreis
Citations
- 447 S.W.3d 558
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- “Of course, the displaced party can still dispute the purchaser’s title, but it must bring a separate suit to do so.”
- “Under these provisions, a foreclosure sale transforms the borrower into a tenant at sufferance who must immediately relinquish possession to the foreclosure- sale purchaser.”
- no intertwined title issue when the defendants’ title dispute was based entirely on contentions that the foreclosure sale was conducted improperly and that the lender had assigned the note to another bank
- “[B]ecause the deed of trust contained a valid tenant-at-sufferance clause, appellees do not allege a title dispute that is intertwined with the right of immediate possession.”
- no intertwined title issue when defendants’ title dispute was based entirely on contentions foreclosure sale was conducted improperly and that lender had assigned note to another bank
- “We conclude as a matter of law that the trial court erred in granting the temporary injunction . . . . appellees have an adequate remedy at law through their wrongful foreclosure claim.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Boyce, Jamison, Donovan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.