| DATE: |
11/11/08 |
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|---|---|---|---|---|
| SUBJECT/TOPIC: |
LOAN SERVICERS |
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| Q: | In Tennessee, after a foreclosure sale, does the loan servicer have standing to bring a detainer action as agent for the mortgage company who purchased the property at the sale? I am unable to find a statutory provision that would allow it; although I do not think a tenant holding over would be able to challenge the servicer's standing. Thanks. |
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| A: | I know of no reason a duly authorized agent couldn't bring a detainer warrant on behalf of its principal. I'd look at the servicing agreement to be sure it grants that authority though.
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