If a lender obtains a clean title report showing no liens recorded against a debtor's real property, it doesn't necessarily mean that a lender's lien will have priority in Tennessee. If a lender has notice of a prior lien, it may be subject to that lien even if the deed is a lost unrecorded deed of trust. The Tennessee Court of Appeals determined that the facts raised by the U.S. Bank as the prior unrecorded lender, such as information on the debtor's credit report, were enough to raise a genuine issue of material fact, thus precluding the lender which had recorded its deed of trust from obtaining a summary judgment. Manufacturers Acceptance Corporation v. U.S. National Bank, Case No. E2008- 00122-COA-R-3-CV (ED Tenn. App. 2009)