Lawyers, Answer Questions  & Get Points Log In
Tennessee Real Estate Law Questions & Answers
2 Answers | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Is there an obligation for my sister to sign a contract and if she refuses, would that be her forfeiting her claim?

My mom passed in October and didn’t leave a will. Me and my two older sisters, of course, inherit her house. The oldest has her own home and doesn’t want any ownership. Me and the middle daughter were living in the home with my mother, and are now. We had agreed to sign a contract pertaining to... Read more »

Mr. James Charles Wright
Mr. James Charles Wright
answered on Mar 10, 2023

I am sorry for the loss of your mother.

I am assuming you are correct that you and your two sisters inherited the house. Based upon this the three sisters have an undivided 1/3 interest in the property. I understand you and a sister live in the house. The third sister owns an interest...
Read more »

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Tennessee on
Q: Foreclosure auction 2/8/23, property records show winning bidder used property as collateral loan doc signed 2/1/23??

Is this legal? How can property be used as collateral for a loan before he won the auction

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 6, 2023

It may be a fraud on the "secured" lender. But it is not your concern if the lender is not actually secured.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have house buyer contract.when I k ow the sqf the house not same on the post salle.thebuilder terminal contract.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 6, 2023

What is your question? You probably have no standing or interest in the matter.

2 Answers | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Re: Administratively Dissolved HOA Has Land Deeds On 4 Open Space Lots All Have Easements-Land Tax Is Due Who Owes

Majority of Homeowners didn't pay dues, demanded that the Developer close the HOA, Developer Transferred the HOA to the homeowners.

Homeowners didn't do anything with it, did not form a board and more or less ignored transfer.

The State of Tennessee listed the HOA... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2023

If the common areas are part of a condominium, then those homeowners are responsible for the taxes. If they are roads, then dedicated to the County and no taxes. Reconstitute the HOA, and probably need to pay taxes. Developer and the old HOA could possibly be sued, but doubtful. HOA might... Read more »

View More Answers

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Gov & Administrative Law for Tennessee on
Q: TN. My house # is preventing me from selling it. It is 666. Can I sue to change it? 911 is in charge & said no.

I asked 911. They said only 2 houses need to be changed to stay in numerical order. My neighbor said no & 911 said they want them to agree. No 666 numbers are ever assigned. Buyers say no based on the 666 address. Help. I need to have it changed to move. Is there anything I can do legally? I... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2023

Different Counties handle 911 and zoning issues differently. Hire an attorney in the applicable County to ask for the change in street address. Provide an appropriate alternate address. You may have to go before a County Commission or a Zoning Board. The County Mayor will probably be... Read more »

2 Answers | Asked in Real Estate Law, Banking and Elder Law for Tennessee on
Q: Trying to see if I can setup a Mortage Agreement. When I pay off the mortage on the house the house is transfer to me

I'm current living with my grandma helping her out, Well she has a Reverse Mortage on the house and they are asking about $100,000 for it if she pays it. How ever I am going to get a Mortage to pay the house, I would like to see if I can setup a agreement so soon I pay the reverse mortage off... Read more »

James L. Arrasmith
PREMIUM
James L. Arrasmith PRO label
answered on Mar 2, 2023

It is important to consult with an attorney who specializes in estate planning and real estate law in your state to help you navigate this process. They can advise you on the legal options available to you and help you draft a legally binding agreement that ensures the transfer of the house to you... Read more »

View More Answers

1 Answer | Asked in Bankruptcy, Real Estate Law and Land Use & Zoning for Tennessee on
Q: We have deed restriction that prohibits any development on our golf course. Can a judge cancel it?

The golf course is in bankruptcy and they told us the bankruptcy judge can reverse the restriction. Can a judge do that. Also the golf club owners are threatening suits if we POA do not lift the restriction. If the restrictions are lifted we fear they will build condos and who knows what else!

Timothy Denison
Timothy Denison
answered on Mar 1, 2023

Very doubtful that the bankruptcy judge will get involved in changing the restriction.

1 Answer | Asked in Construction Law and Real Estate Law for Tennessee on
Q: Is there a window of time that a contractor has to foreclose on a lien filed in TN? It’s been 8 yrs since it was filed.

The lien was filed by a contractor who was paid in full by the insurance company after a rebuild from a fire. He didn’t have the capital to continue after the first draw was received so we wrote letters to the insurance company to secure funds to continue several times. The job wasn’t completed... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

Best advice is to hire an attorney to draft a M & M Lien Release, and a demand letter. Send it to all possible addresses of contractor, as personal service may be a serious issue. If refused, then file suit to declare the lien extinguished for not being executed upon in the statutory... Read more »

1 Answer | Asked in Real Estate Law, Tax Law and Environmental for Tennessee on
Q: Would a trust or live real estate (lifetime dowry) be a better option?

200 acre farm . Friendly divorce. Both parents reside on farm in separate homes. Plan to survey 20 acres for each parent for sole ownership. Want the children to have the remainder of the land so no future partners can claim ownership. Parents plan to continue to pay taxes on land until children... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 20, 2023

Absolutely hire a competent TN attorney to draft that future interests deed which might include a class gift remainder. Apparently you will need three enforceable deeds. Do not even think of a title co. Lawyer will need to draft three new legal descriptions from the survey plat, and not... Read more »

1 Answer | Asked in Real Estate Law and Estate Planning for Tennessee on
Q: Joint ownership, one died and left life estate, does the owner left alive have total control over land?

My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 8, 2023

You will need an attorney to search the title as you have not stated what the Deeds say. There may be a life estate, or it may have never come into existence. There are all kinds of joint ownership. It sounds like GrandMother may still own a fee or at least a one/half interest as a tenant in... Read more »

1 Answer | Asked in Real Estate Law, Land Use & Zoning and Probate for Tennessee on
Q: Can a life tenant cut down trees to sell as firewood for profit in tennessee?

Is that considered as waste?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 5, 2023

There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.

To answer your...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for my homeowners insurance to cancel my policy because of two claims 6 months apart?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Yesterday I had my property surveyed. My neighbor took the wooden stake and the metal pin out just hour later. What ca.

Is there anything I can do

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 31, 2023

You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How to get a lien on previous property owner removed from deed after 10 years in tn?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 19, 2023

You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a person is buying a house going through a bank to get the loan are they required to make a certain downpayment
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 18, 2023

No... Contract may require a certain down payment or the lender might require a certain down payment for them to also loan the remaining purchase price.

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I just had my house sold for back taxes. Do I need a tax lawyer or a real estate lawyer?

I need to know more information about how this process works.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

Specialization will not help. Hire a competent TN attorney to examine your Redemption Rights, and possibly exercise them. It will not be cheap and probably difficult. But if you want your home back, get in gear. Time is of the essence.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can someone who is not the deed holder sell property he's buying to someone else???

I'm buying land from an individual who is not buying from the deed holder but from another party who is buying it from the deed holder

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

You have apparently made a contract that is void, and you know it. A title search is in order, then you may wish to make an offer to the owner. Yes, it might go through and you get title. But you might not and lose a lot of money, having almost no chance of collecting it even if you get a... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: Will my spouse of one year have any legal right to a home purchased by me prior to marriage in the event of divorce?

We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.

Lived together there for 2 years before getting married.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Tennessee on
Q: Mother bought house when her husband was in nursing home rehab. She paid cash from inheritance money.

This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: Mother bought a house with her husband, she passed in 2022, will his son get the house or am I entitled to mothers 50% ?

Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.