DIVISION IV
CA06-762
April 4, 2007
STEVEN THOMAS TRELFA,
PATRICIA LYNN TRELFA, and
AN APPEAL FROM CRAIGHEAD COUNTY
STATE STREET BANK AND TRUST CIRCUIT COURT, WESTERN DISTRICT
COMPANY
[No. CIV-2002-976(JF)]
APPELLANTS
v.
HONORABLE JOHN N. FOGLEMAN,
SIMMONS FIRST BANK OF
CIRCUIT JUDGE
JONESBORO, et al.
APPELLEES
AFFIRMED
LARRY D. VAUGHT, Judge
This appeal challenges the circuit court’s rulings that defects in process served on
appellants Patricia and Steven Trelfa had been waived and that a decree of foreclosure and
subsequent sale of the property eliminated the priority of appellant State Street Bank and
Trust Company. Both the Trelfas and State Street raise the issues of whether the process
served on the Trelfas was defective and whether the Trelfas waived those defects. State
Street also argues that it retained its priority status. We affirm.
The facts are largely undisputed. The Trelfas borrowed $497,830 from State Street’s
predecessor, secured by a first mortgage on their residence, known as the “Doral Property.”
The Doral Property was also pledged, along with other property, to Simmons First Bank of
Jonesboro as collateral for another loan. Simmons held a second lien on the Doral Property.
2
The Trelfas defaulted on their obligations in 2002 and filed for Chapter 7 bankruptcy
relief. All of the property was abandoned from the bankruptcy estate, and Simmons began
a judicial foreclosure action.
Simmons filed its foreclosure complaint on December 27, 2002. The complaint also
sought the appointment of a receiver to collect the rents from the commercial property on
which Simmons held a first mortgage. Summonses directed to the Trelfas were issued but
not served. On January 10, 2003, Simmons filed an amended complaint in which it added
State Street as a defendant and asserted that State Street’s interest was inferior. Summonses
were not issued after the amended complaint was filed.
The Trelfas were served with the amended c