Mary L. Sparks v. James E. Dillingham, et al and James E. Dillingham, et al v. Prestige Title, LLC, et al

This case presents a question of first impression regarding the scope of the term “lender” as used within the Tennessee Home Loan Protection Act. The parties filed competing motions for summary judgment: Plaintiff claiming that the Defendants were “lenders” subject to the Act and Defendants claiming that they were not “lenders” subject to the Act. The trial court concluded that Defendants were not “lenders,” and therefore it granted summary judgment in Defendants’ favor. For the following reasons, we reverse the trial court’s grant of summary judgment to Defendants, we grant partial summary judgment in favor of Plaintiff, and we remand for further proceedings consistent with this opinion.