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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for Michigan on
Q: I purchased a piece of land in April. I have a quit claim deed. There were renters in the home and refuse to leave.

Do I have a legal right to inspect the home? Renters won't let me in.

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Inspecting the home is the least of your problems. Hire a competent MI attorney to file a possessory action for either an Eviction, or possibly Ejectment. The SOL is running and you may have already lost the Title, or your Deed may have been void for Champerty. You need a title search... Read more »

1 Answer | Asked in Bankruptcy and Real Estate Law for Pennsylvania on
Q: I have the opportunity to buy a house thats in bankruptcy chapter 13 thats my moms. What can i do or how can I buy

Buy seeing she in bankruptcy

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Right now while the seller is in a five year plan chapter 13 bankruptcy is not the time for her to sell her real property. The Trustee would have a substantial interest in it, and might take all the proceeds except a homestead exemption amount. If the chapter 13 is dismissed then you might... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: My father died, with no spouse, 5 adult heirs, and no will. There is real property.

The PR is an heir. Some heirs want to sell the real property for debts others don’t. The PR does not want to sell and has said the property will not be sold. Can the the PR prevent or stop the property from being sold if there is not enough money to pay the debts? How do you have a PR removed?

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney to file an Action for a Partition Sale. But this may not be possible until the Probate is over due to possibility of an Insolvent Estate. The Heirs own the property at the decedent's death, but title may not be merchantable for awhile. The Partition Suit can... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law on
Q: Neighbors son had fence built for his father but it’s on my property. I sent a certified letter with photo of spike

No response. Son won’t answer my calls and I don’t know the info on fence builder. I’m unemployed and frustrated! What do I need to do to resolve this? Talk does not work. Neighbor is 94 yrs old and has no part in this. Thanks, Paul Shaw 469-999-8193

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Unfortunately you now have a boundary dispute and both properties titles now have clouds. You will need a boundary line survey with the surveyor available to testify. Then sue for trespass and a boundary line dispute/quiet tile cause of actions, which mainly amounts to a declaratory judgment.... Read more »

2 Answers | Asked in DUI / DWI for Tennessee on
Q: I was arrested under suspicion of DUI while sitting in the back seat of my car at a hotel. What can be done to help me?

No field sobriety tests, or breathalyzer was taken

Anthony M. Avery
Anthony M. Avery answered on Jul 30, 2021

Hire a competent attorney now. TN has always held if you are capable of driving, whether you physically are or not, then DUI can be charged. If you had any intoxicants in your system, then what you did was a crime. But the State still has to prove it and without a chemical test, it will be a... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant on
Q: I signed a lease in a new construction home. I’ve recently found out the HOA prohibits this. Should I be concerned?
Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2021

Yes... The HOA will probably fine the owner, and possibly execute the lien by foreclosure. Hire an attorney to help you walk out of this.

1 Answer | Asked in Real Estate Law on
Q: real estate question, my lawyer is having problems sending money to seller laywer. Closing date delayed to day 3, advice

Hi,

I purchased a house. My closing date was July 27. My lawyer cleared all papers, and received the mortgage money from my bank. There was a problem with the transaction between my lawyer and selling lawyer. Now my closing is delayed 3 days, and I have to evacuate my current place. My... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 29, 2021

Apparently you agreed to reschedule the the execution of the contract to purchase real property. My suggestion is you and your lawyer show up promptly on the day and time agreed upon with certified funds and make a tender. If no deed is received, then file suit the next day for specific... Read more »

1 Answer | Asked in Probate for Mississippi on
Q: I need to find information about heir property in Mississippi. Who should I talk to?

The property was owned by my grandparents, they are deceased and their children are deceased. Thirteen grand children are living. How can I find out who's name the property is in? Two of the grand children have information about the property and will not share the information with the others.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 28, 2021

Call a MS attorney in the County where the property lies. Hire him to search the title and then see who is presently receiving the tax notices. If it looks profitable, the lawyer will need to determine Heirship, and then record an Affidavit of Heirship. A Partition Action may be necessary.

1 Answer | Asked in Real Estate Law for Connecticut on
Q: I have been in my home for 20 years. A new neighbor has decided to remove stones from a deviding wall. He built a pallet

structure on it. I have asked them to remove it and replace the wall. I am just ignored. What can I do. Vince Cleri

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

You will need a boundary line survey to prove you own all or most of the wall, with the surveyor available as a witness. Then you sue the adjoining owner for trespass, tort damages and possible conversion of the stones. Hopefully you will not need a Boundary Dispute Action. All of this is... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Landlord towed my car to pave, car in perfect condition, notice was given only 2 days prior, can I sue them?

Car in my name, lease is also in my name, tow company recked car, and I took pictures and videos to prove that, the reason why I did not remove the car is that I was not in town for 10 days. I found out about the notice and the whole incident when I came back.

Anthony M. Avery
Anthony M. Avery answered on Jul 26, 2021

Yes you should be able to sue the landlord and his agent, the tow company, for tort damages to property and possibly conversion. But you will need witnesses that will testify to the towing, which will be tough. Damages really need an expert about the car's pre-tort value. General... Read more »

1 Answer | Asked in Real Estate Law for Arizona on
Q: If two people own a house and one wants to sell and the other does not, what is the law?

I can’t afford to move or buy this individual out

Anthony M. Avery
Anthony M. Avery answered on Jul 23, 2021

If there is sufficient equity, hire a competent AZ attorney to prosecute an Action for a Sale For Partition.

1 Answer | Asked in Civil Rights, Federal Crimes and Gov & Administrative Law for Tennessee on
Q: Can I carry a concealed weapon in the state of Alabama if I have a lifetime carry permit issued in Tennessee?

I am a Tennessee resident.

Anthony M. Avery
Anthony M. Avery answered on Jul 22, 2021

You should be able to as reciprocity should apply. Go to the AL forum and ask as laws do change. Remember there may be different restrictions than TN.

1 Answer | Asked in Contracts, Real Estate Law, Appeals / Appellate Law and Elder Law for North Carolina on
Q: Can an owner with life rights remove a remaindermen who also has life rights

My father is a homeless veteran due to a consent judgment outside the original will.

Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

A remainderman cannot also have a life estate. The interests merge and he would have the fee, although it occasionally may not be absolute and subject to other encumbrances or conditions. It is possible for others to have simultaneous life estates which encumber the other's fee. I suggest... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: I have a warrent in tennesee for a case of forgery in the state of Tennessee from 2012. What are my options
Anthony M. Avery
Anthony M. Avery answered on Jul 21, 2021

That is a serious Felony. Hire a competent attorney to take you to Court when it is not on the Docket. Then you can start trying to work it out, get it dismissed or try it.

2 Answers | Asked in Business Law, Civil Litigation, Construction Law and Contracts for Tennessee on
Q: I work for a restoration contracting franchise can we bring civil litigation against an insurance carrier that owes us $

1 insurance carrier owes us almost $20k going back to Labor Day 2020. Can we sue for that?

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2021

Not sure of your question. But if someone has broken a contract with you, usually a 6 year SOL applies. But did you have a contract with the insurance company or its insured? Hire a competent attorney. Consider filing in General Sessions for speed, but you may have to try it twice.

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1 Answer | Asked in Civil Rights for Tennessee on
Q: I was charged with a class a felony on a child custody case in which I'm not the parent or do I have any legal rights

I was charged with a class a felony on a child custody case in which I'm not the parent or do I have any legal rights to. I was arrested for a vouluntary drug test in which I was never given any results to or was I ever shown. I was mentioned in a child custody case in which I was never... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2021

If there is still time, hire an attorney to file a Government Tort Liability Act suit. It is a one year SOL, with no extensions.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can 39-13-101 Attempted assault not assault. No after letters or numbers, just the number standing alone, be expunged.

Was in 2007 in

Tennessee

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2021

Not sure of your question. But a conviction like that cannot be expunged. I would not think there is even a crime of "Attempted Assault". You might try to expunge it anyway if no actual crime exists with a good lawyer, as you can only have it denied.

1 Answer | Asked in Uncategorized for Tennessee on
Q: how do i give notification to girlfriend to move outof my home if she refuses to leave?

fiancee and her kids moved from Ohio into my new home in Tennessee, we are now splitting but she refuses to leave

Anthony M. Avery
Anthony M. Avery answered on Jul 20, 2021

You probably need to file a Detainer Warrant against her in Sessions Court. Ask for possession only. Do not get in a fight.

1 Answer | Asked in Real Estate Law for Texas on
Q: Can I purchase a residential property without the cost of a lawyer?

I am buying a property in the Sunshine Country Club Estates in Harlingen from a personal friend, and, as we are all seniors, we would like to minimize the costs.

Anthony M. Avery
Anthony M. Avery answered on Jul 16, 2021

Hire a competent TX attorney. The risks could be catastrophic.

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