Regions Bank v. Thomas D. Thomas

OPINION

Cornelia A. Clark, Sharon G. Lee, Holly Kirby, and Roger A. Page, JJ., joined.

We granted this appeal to determine whether the Court of Appeals correctly applied the statutory “rebuttable presumption rule” under Article 9 of the Uniform

Commercial Code, as codified at Tennessee Code Annotated section 47-9-626, in reversing the trial court and concluding that the Plaintiff, Regions Bank, was not entitled to recover a deficiency from the Defendants, Thomas D. Thomas, Helen L. Thomas, and The Thomas Family Living Trust. We conclude that both the trial court and the Court of Appeals erred in…