The Associated Press//May 28, 2024//
By Adrian Sainz and Jonathan Mattise
The Associated Press
MEMPHIS, Tenn. 鈥 Tennessee鈥檚 attorney general said last week that his office is looking into a company鈥檚 attempt to sell Graceland, a mansion once owned by Elvis Presley, at a foreclosure auction. That action was stopped by a judge after the late singer鈥檚 granddaughter filed a lawsuit claiming fraud.
The beloved Memphis tourist attraction 鈥渂ecame the target鈥 of Naussany Investments and Private Lending when it tried to sell the home-turned-museum based on claims that Presley鈥檚 late daughter, Lisa Marie Presley, had failed to pay back a loan where Graceland was used as collateral, Attorney General Jonathan Skrmetti stated in a news release.
Shelby County Chancellor JoeDae Jenkins on May 22 issued an injunction against the proposed auction, which had been scheduled for the next day. Jenkins鈥 injunction essentially kept in place a previous restraining order issued at the request of Lisa Marie Presley鈥檚 daughter Riley Keough.
Tennessee鈥檚 appointed attorney general can investigate and bring civil lawsuits, including in instances of alleged consumer fraud. But his authority in criminal court is significantly more limited, and usually is reserved for representing the state during appeals. Local district attorneys, who are elected, bring criminal cases.
鈥淢y office has fought fraud against homeowners for decades, and there is no home in Tennessee more beloved than Graceland,鈥 Skrmetti, a Republican, stated in the release. 鈥淚 have asked my lawyers to look into this matter, determine the full extent of any misconduct that may have occurred, and identify what we can do to protect both Elvis Presley鈥檚 heirs and anyone else who may be similarly threatened.鈥
A spokesperson for the district attorney鈥檚 office in Shelby County, which includes Memphis, said it was not currently investigating. And a spokesperson for the Tennessee Bureau of Investigation said it hasn鈥檛 been asked by the Shelby County district attorney to investigate.
An FBI Memphis spokesperson said the FBI does not comment on the possibility or likelihood of investigations and he declined further comment.
Darrell Castle, a Memphis attorney who is not involved in the case but is monitoring it, said he was not surprised by the state attorney general鈥檚 involvement.
鈥淭hat鈥檚 what should happen; it鈥檚 that important,鈥 Castle said. 鈥淪omebody with investigative authority needs to look into it and get to the bottom of it.鈥
After the judge鈥檚 decision Wednesday, a statement from someone who appeared to be a representative of the company said it would drop its claim, which the Presley estate has argued was based on fake documents. Online court records did not immediately show any legal filings suggesting the claim had been dropped.
A public notice for a foreclosure sale of the 13-acre estate posted earlier in May said Promenade Trust, which controls the Graceland museum, owes $3.8 million after failing to repay a 2018 loan. Keough, an actor, inherited the trust and ownership of the home after her mother鈥檚 death last year.
Naussany Investments and Private Lending said Lisa Marie Presley had used Graceland as collateral for the loan, according to the foreclosure sale notice. A lawsuit filed last week by Keough alleged that Naussany presented fraudulent documents regarding the loan in September 2023.
鈥淟isa Maria Presley never borrowed money from Naussany Investments and never gave a deed of trust to Naussany Investments,鈥 Keough鈥檚 lawyer wrote in a lawsuit.
Naussany did file an unsuccessful motion denying the lawsuit鈥檚 allegations and opposing the estate鈥檚 request for an injunction. Naussany did not immediately respond to an email seeking comment Thursday.
A statement emailed to The Associated Press after the ruling said Naussany would not proceed because a key document in the case and the loan were recorded and obtained in a different state, meaning 鈥渓egal action would have to be filed in multiple states.鈥 The statement, sent from an email address listed in court documents, did not specify the other state.
The court documents included addresses for the company in Jacksonville, Florida, and Hollister, Missouri. Both were for post offices, and a Kimberling City, Missouri, reference was for a post office box. The business also is not listed in state databases of registered corporations in Missouri or Florida.
Kimberly Philbrick, the notary whose name is listed on Naussany鈥檚 documents, indicated she never met Lisa Marie Presley nor notarized any documents for her, according to the estate鈥檚 lawsuit. The judge said the notary鈥檚 affidavit brings into question 鈥渢he authenticity of the signature.鈥
Graceland opened as a museum and tourist attraction in 1982 as a tribute to Elvis Presley, the singer and actor who died in August 1977 at age 42. It draws hundreds of thousands of visitors each year. A large Presley-themed entertainment complex across the street from the museum is owned by Elvis Presley Enterprises.
鈥淕raceland will continue to operate as it has for the past 42 years, ensuring that Elvis fans from around the world can continue to have the best-in-class experience when visiting his iconic home,鈥 Elvis Presley Enterprises stated.
Editor鈥檚 note: Mattise reported from Nashville, Tennessee.