Helen Y. Robinson v. Gerald M. Warren
179 So. 3d 1146
Miss. Ct. App.2015Background
- Foreclosure sale of Robinson's real property by Trustmark on Aug. 11, 2011; Trustmark obtained a judgment for unlawful detainer requiring vacancy by Feb. 24, 2012.
- Robinson obtained injunctive/declaratory relief in circuit court; relief denied and sanctions imposed; remainder transferred to chancery court.
- Trustmark moved for summary judgment; chancery court granted on Jun. 17, 2013; Robinson appealed.
- Robinson defaulted on a promissory note of $266,091 dated Feb. 20, 2009 secured by a deed of trust to MERS; Gerald M. Warren served as substitute trustee.
- Robinson received notice of the foreclosure sale but failed to object before, during, or immediately after the sale, raising objections only later in other proceedings.
- The Mississippi Court of Appeals affirmed the chancery court’s grant of summary judgment, applying Nichols v. Bush and related estoppel principles.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Nichols estoppel applies to foreclosures as a matter of law | Robinson argues Nichols is distinguishable due to fraud and improper sale | Trustmark argues Nichols controls due to notice and silence; sale not challenged timely | Yes; Nichols applies and estops Robinson from challenging the sale. |
| Whether genuine disputes of material fact precluded summary judgment | Robinson asserts issues about assignment from MERS and regulatory compliance | Trustmark contends issues were not timely raised and are waived | No; no genuine issues; summary judgment affirmed. |
Key Cases Cited
- Nichols v. Bush, 913 So. 2d 387 (Miss. Ct. App. 2005) (foreclosure estoppel for failure to object to sale)
- Chambers v. BancorpSouth Bank, 822 So. 2d 1113 (Miss. Ct. App. 2002) (notice and silence can estop challenge to title)
- Hamilton v. Federal Land Bank, 184 Miss. 878, 186 So. 832 (Miss. 1939) (earlier rule on objecting to sale; waiver by silence)
- Rogers v. Rogers, 94 So. 3d 1258 (Miss. Ct. App. 2012) (fraud elements required; none shown)
- Kelso v. Robinson, 161 So. 135 (Miss. 1935) (duty to speak; silence can cause estoppel)
- Finch v. Finch, 137 So. 3d 227 (Miss. 2014) (standard for factual review on appeal)
- Scruggs v. Bost, 149 So. 3d 493 (Miss. 2014) (de novo standard for summary judgment)
- Karpinsky v. American Nat’l Ins. Co., 109 So. 3d 84 (Miss. 2013) (standard for summary judgment burden on movant)