Around the country, many borrowers who lose their house in foreclosure are arguing that the foreclosure was defective. This results in delay as the courts examine the specifics of the foreclosure. For lenders, the issue is how to avoid the inherent delay.
The answer, at least in Tennessee, is to file an unlawful detainer warrant in General Sessions Court. If the homeowner does not raise the defective foreclosure in the General Sessions Court, then the decision is "res judicata" on any subsequent action. If the borrower does raise that issue, it is resolved quickly by the General Sessions Court.
A quick and cheap way to clear title on property. Also, you serve the detainer warrant by nailing it to the door of the property -- no chasing the elusive occupants around the world trying to get service.
See Davis, et al. v. Williams, et al.
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