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What is a Preliminary Injunction? The Graceland Estate

Jun 6 | 2024  by

Working in real estate law, I’ve seen my fair share of fraudulent deeds and forged signatures. Yet, the recent case concerning the title of Graceland has me in disbelief. As is well known, Graceland is the given name of the late Elvis Presley’s Tennessee home.

According to Naussany Investments & Private Lending LLC, before her death, Lisa Marie Presley – Elvis Presley’s daughter – took out a $3.8 million loan from then and used Graceland as collateral. After she passed away last year, Naussany claims that the loan was never repaid.

It appears that Naussany has sought to foreclose on the loan and initiated the requirements to sell Graceland. In response; Riley Keough as sole trustee of her grandfather’s estate, filed a motion for a preliminary injunction. On May 22, 2024, the court agreed with her and granted her request to stop the foreclosure sale of Graceland.

What Is a Preliminary Injunction?

A preliminary injunction provides temporary relief that preserves the status quo until the courts decide on the merits of a case. In the simplest of terms, it stops a party from engaging in certain actions.

In Michigan and Tennessee, to prevail on a motion for a preliminary injunction, the moving party (Keough), must show:

  1. Substantial likelihood of success on the merits of the moving party’s case
  2. Irreparable harm to the moving party if the motion is not granted
  3. Balancing the equities – Courts will compare the harm that will befall the moving party and the harm that will result in the non-moving party being stopped from acting.
  4. Public interest – Courts will consider the public’s interest in granting the motion

Riley Keough’s Defense

Now, let’s put these elements up against Keough’s defense:

  1. Keough had to produce evidence showing the judge that, at the end of the day, she would “win” the case. According to the court records, Keough filed an affidavit from the alleged notary of her mother’s signature who testified that she never met Keough’s mother. Pretty damning evidence that Naussany’s promissory note and deed of trust are fraudulent.
  2. Tennessee law seems to agree with Michigan law, in that all real property is unique. Accordingly, losing unique property would cause Keough irreparable harm.
  3. In this case, almost obviously, Keough losing Graceland would outweigh Naussany’s harm from pausing the sale of Graceland.
  4. Finally, Graceland is a public figure. It is visited by people all over the world. The public would most certainly be interested in pausing the sale of the property.

Call Fausone & Grysko, PLC | (248) 380-0000

I know I’m making this look easy, but this is a watered-down version of Keough’s argument in court. In reality, stopping a party from exercising their legal remedies is incredibly complex and nuanced.

If you believe that you are entitled to a preliminary injunction, please contact Denise Medina at Fausone & Grysko, PLC at (248) 380-0000.