Henry v. Hiwassee Land Co.

Nichols, Justice.

The adequacy of notice sent and received by certified mail is the only question presented.

Henry executed in favor of Hiwassee a note in the principal sum of $101,100.00 secured by a deed to secure debt. After Henry’s default under the note, Hiwassee exercised the power of sale in the security deed, and purchased the property at the foreclosure sale for $47,180.00. Hiwassee then filed an application for confirmation of the sale. The trial court issued a rule nisi requiring a copy of the application and a copy of the rule nisi to be served upon Henry at least five days before…