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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have purchased a property from two brothers and filed PA. Now one brother signed deed and other is MIA?????

Bought 11 acres of a 16 acre plot from two brother that inherited it from their mother. A few months later they are in financial hardship and sell us the rest. PA signed, notarized and filed, along with saying they received funds. Now, one brother has signed the deed but the other is MIA, tho he... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 29, 2022

Hire a competent attorney immediately. You will probably need to sue for Specific Performance in

Chancery. A Title Search needs to be performed with some type of source of Title determined and placed in the Derivation of Title Clause. Who drafted the Deed, then transferred money...
Read more »

1 Answer | Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee on
Q: Can a lender foreclose on a homeowner with dementia?

My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Jun 8, 2022

This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
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Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In tn can a car be repossessed without a lien on the title.?

I’m in Tennessee my lender is in California, just tried to repossess my car because I didn’t sign my title or title application. I have not defaulted on payments. I went to dmv and clerk told me there is no liens on my car whatsoever in the state of Tennessee and printed me a new title. Can... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 31, 2022

There are several ways for the lender to get your car or your money. Since the lien is not perfected, you could sell the car. But you can also be charged with the crime of hindering a secured creditor, or sued for defrauding a creditor after the sale.

1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Tennessee on
Q: how to sell a join property in India owned by my aunt and uncle (green cred holder) in USA. uncle died without a will.

the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does my wife have to be bought out of her portion of ownership of a house or can she be sued for her percentage?

My wife is a partial heir to her deceased grandparents house. Her cousin is another partial heir and wants to keep the house for himself to live in. He is threatening my wife with a lawsuit if she does not sign a quit claim deed, giving him ownership of her portion. Does he need to buy her out or... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

Actions for a Sale For Partition are filed alot. She can sell her Tenant In Common Interest, do nothing or get sued for Partition.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: how does one acquire abandoned real estate?
Anthony M. Avery
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Anthony M. Avery
answered on May 17, 2022

Hire a very competent attorney to search the title. It sometimes clears the title to buy at a Tax Sale, but again you will need an attorney to draft a Deed. Determining Heirship might get you close to a purchase.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
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Anthony M. Avery
answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you have the names on a deed changed?

My husband and I have been living in his grandparents home for 13 years. They have been deceased for 10 years. We have their deed, but do not know what our legal rights are are. The house is needing work and we are not able to take a loan out because the house is not in our home. What are our... Read more »

Bennett James Wills
Bennett James Wills
answered on May 11, 2022

You need to first determine whether your husband is the sole heir of the property. If his parents are alive, or there are siblings, this will help determine options. Typically, when someone dies without a will, property is passed to the next of kin by statute. The heir files an affidavit of... Read more »

1 Answer | Asked in Tax Law, Foreclosure and Real Estate Law for Tennessee on
Q: In a property tax sale do all interested parties need to be notified of the county tax suit, and the tax sale itself?

The property was purchased on the greenbelt in the 90’s, last year while cutting timber on said property, police showed up and told me I need to stop cutting because I didn’t own the property. Apparently 7 years ago the property was taken off of the greenbelt clause making me delinquent on the... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 2, 2022

There is a lot more to this than simply getting notice of Delinquent Taxes. Hire a competent attorney to search the Title. The Redemption period is probably past, but the alleged owner may only have a Bill of Sale, not a Deed. An Ejectment Action may be possible. The legal description should... Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Tennessee on
Q: What can I do to stop a person from quick deeding my house to themselves as if I sighed my house over to them?
Anthony M. Avery
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Anthony M. Avery
answered on Apr 28, 2022

Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: we are purchasing land in the state of tennesse. Is it required that we use an attorney for a simple land contract?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 25, 2022

You are not "required" to use an attorney to purchase real estate in Tennessee. However, I would encourage you to consider using a real estate agent. There may be issues you are not familiar with that a real estate agent may be able to help with. You also may want to use or talk to a... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can my wife sell our home without my knowing when we purchased together although I wasn't able to sign the deed?

We both have lived in the home since day one.

Anthony M. Avery
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Anthony M. Avery
answered on Apr 15, 2022

It is very possible that you are not the owner. And if not, you may only have a possessory interest as a homestead, if that. Hire a competent attorney to conduct a title search and determine ownership. Title Insurance rules wanting both spouses to sign is not law nor legally required.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: I am buying in Tennessee and have not signed a contract.

I am buying a rent-to-own home in TN. I have not signed a contract. Can I be charged a late fee, for first late payment?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 7, 2022

You may want to rethink this transaction. The landlord will probably keep whatever money you pay him and file a Detainer Warrant.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What should be included in rent to own contract by private seller?

I am buying a home in Tennessee. I put $10,000 down on a rent-to-own home. Payments will be $880 per month (including insurance), owner carrying the balance of $85000. I can pay off early with no penalty. I have not signed a contract yet, what should I make sure is included in the contract?

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

This is a complex question. Depends on what you ultimately want. Land contracts are usually complicated. Take any proposed contract to an attorney to discuss your wants and needs and to make suggestions.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I’m going to buy a property but i want to be single owner not sharing with my husband What should I do??
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

There are several methods. You can simply have it transferred to you individually, possibly saying you are married. But if he lives there he might have Homstead Rights. If it is very valuable property, you could form a corporation to hold it. There could be many different Family interests... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have property that is fixing to be put in my name and was wanting to know how it will effect my disability

I haven’t been to court yet but it’s coming up

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 28, 2022

It could disqualify you. Talk to your SS attorney now, then conduct the conveyance accordingly.

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: A house included in Estate Money owed to bank so it was auctioned off.

estate is now being held up because of lawsuit.

house sold auction, 260,000. only 11,000 owed

that money goes into estate.

what can be done, if anything

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 28, 2022

The Estate Fiduciary has to file suit against the Trustee that conducted the Sale for the Surplus. Breach of Fiduciary Duty and Conversion, and maybe others.

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