Tony L. Pagador v. Trustmark National Bank

BARNES, J.,

SPECIALLY CONCURRING:

¶ 19. While I concur-with the majority’s affirming the circuit court’s grant of summary judgment to Trustmark, I disagree with the determination that Pagador waived his claims by failing to object to the foreclosure sale.

¶20. To support its finding of waiver, the circuit court cited Jackson v. Bank of America, No. 3:13CV581-LG-JCG, 2014 WL 5511017, at *5 (S.D. Miss. Oct. 31, 2014), which held that when a mortgagor has actual notice of a foreclosure sale and fails to object, he is “estopped from subsequently challenging the title of the purchaser.” However, what…