Williams v. Overton Manor East Homeowners Ass'n, Inc., 85-5833

• Decision Date: 16 September 1986
• Docket Number: No. 85-5833,85-5833
• Citation: 803 F.2d 723
• Parties: Unpublished Disposition NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit. BERNARD L. WILLIAMS, Plaintiff-Appellant v. OVERTON MANOR EAST HOMEOWNERS ASSOCIATION, INC.; EUGENE G. DOUGLASS; TENNESSEE HOUSING DEVELOPMENT AGENCY; and NATIONAL MORTGAGE COMPANY, Defendants-Appellees.
• Court: U.S. Court of Appeals — Sixth Circuit

Page 723

803 F.2d 723

Unpublished Disposition

NOTICE: Sixth Circuit Rule 24(c) states that citation of unpublished dispositions is disfavored except for establishing res judicata, estoppel, or the law of the case and requires service of copies of cited unpublished dispositions of the Sixth Circuit.

BERNARD L. WILLIAMS, Plaintiff-Appellant v. OVERTON MANOR EAST HOMEOWNERS ASSOCIATION, INC.; EUGENE G DOUGLASS; TENNESSEE HOUSING DEVELOPMENT AGENCY and NATIONAL MORTGAGE COMPANY Defendants-Appellees.

No. 85-5833.

United States Court of Appeals, Sixth Circuit.

Sept. 16, 1986.

Before: MARTIN and JONES, Circuit Judges; and COHN, ^* District Judge.

PER CURIAM.

Plaintiff Bernard Williams appeals the district court's judgment dismissing his civil rights action challenging the constitutionality of Tennessee's foreclosure laws. Because we find no significant state involvement in the foreclosure proceedings assailed here we affirm the judgment below.

Mr. Williams purchased a condominium in Memphis, Tennessee in 1975. The property was encumbered by a mortgage originally held by defendant, National Mortgage Company, and later assigned to defendant, Tennessee Housing Development Agency. Defendant, Overton Manor East Homeowner's Associations, Inc., was in charge of the administration of Williams' unit, which included the assessment of regular maintenance fees. Overton Manor had recorded a master deed which granted it a power of sale and the right to foreclose on condominiums whose owners defaulted on payment of their assessments.

In August of 1983, Overton Manor determined that Williams was delinquent in the payment of his fees and retained defendant Eugene Douglass to prepare a Notice of Lien. The notice was allegedly sent to Williams at the address of his condominium. Several months later Douglass sent Williams a letter advising him that he had been authorized by Overton Manor as trustee to foreclose if the fees were not paid in seven days. Two similar letters were sent at later dates but Williams never responded. On February 29, March 7, and March 13, 1984, a Notice of Trustee's Sale was published in a local newspaper pursuant to Tenn. Code Ann.. Sec. 35-501 et seq. (current version of Tenn. Code Ann. Sec. 35-5-101 et seq.). On March 22, 1984, the property was sold to Overton Manor as sole bidder. Shortly thereafter Douglass notified Williams of the sale, and a state court issued a forcible entry and detainer warrant. Williams then brought suit seeking a declaratory judgment and damages under 42 U.S.C. 1983.

In order to establish a claim under section 1983 Williams must prove that the defendants deprived him of a right secured by the "Constitution and laws" of the United States, and that the defendants deprived him of this constitutional...