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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for New Mexico on
Q: We have a signed contract of sale and we have deposited $80,000 into escrow. We were scheduled to close yesterday but

the seller kept delaying with all kinds of excuses. On Sunday, 6/28 she asked to delay closing for a couple of weeks. We agreed and I immediately emailed Pioneer Title in Alamogordo informing them that she wanted to delay closing. On monday, 6/29 the seller texted that she was canceling the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2020

Read your sale contract first. If you want the property and it does not appear the seller can disregard the sale, then hire a competent attorney to sue for specific performance. File suit while the earnest money is still in escrow, with the escrowee an included party (plaintiff or defendant).

2 Answers | Asked in Criminal Law for Tennessee on
Q: Does a warrant for arrest ever expire?

Misdemeanor charge with no conviction & defendant lives out of state across the country

Anthony M. Avery
Anthony M. Avery answered on Jul 1, 2020

The Misdemeanor SOL requires institution of the criminal prosecution within 1 year of the alleged incident. There is no SOL for the prosecution to occur. Some DA's will actually conduct Trials In Abstentia, just to get a conviction and a maximum sentence to be served when the defendant is... Read more »

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1 Answer | Asked in Banking and Real Estate Law for Alabama on
Q: We have the deed to house and 16 acres of land and have an equity line for 80% of the value. Can we sell 1 1/2 acres of?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you equity line of credit is recorded as a Lien against 16 acre property you have in that County, then no. You will have to read the Loan Agreement verbatim as it may attach to any property you own. It appears you already have a Mortgage and it encumbers the whole Tract, (not just most or 80%... Read more »

1 Answer | Asked in Real Estate Law for South Carolina on
Q: How can I void an incorrect deed?

My step-sister and I are PR's for our respective parents' estates. We were to execute deeds of distribution for the house, jointly owned by both, to ourselves individually (and then she'd execute a quit-claim to me). However, her deed of distribution has me as the grantee (which I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Hire a competent attorney to draft and record Correction Deeds. There are several statutory requirements, including derivation of title clauses which will need declarations of what was corrected on the prior recorded deeds.

1 Answer | Asked in Real Estate Law for Pennsylvania on
Q: Found my 4th great-grand fathers land patent from 1815. This land may be part of "state game property"..? Was told to

check Title records from 1795 to present, to see if there may be a claim to this family property..?

Crawford county, PA.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But if you feel it is important, hire a competent attorney to run a Title Search for at least 225 years. It will involve alot of inexact legal descriptions and questionable derivations of title. I suggest you start with a search back about 50 years to start with, as... Read more »

1 Answer | Asked in Uncategorized for Tennessee on
Q: I have a friend who fail to appear in court today.

Their court date was today but they also went to a funeral today and it slipped their mind so would it be better to turn themselves in in the morning or now

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Your Friend needs an attorney, who will bring him to Court at the first available Hearing day. Then his file can be located and the situation explained. He wants to do this before a capia or fta issues, or worse, a bounty hunter comes after him.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: If you had a dui. Do you have to go through all of that stuff if you don't want a driver license just an id?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But DOS issues ID Cards and will require Birth Certificates or your old TNDL, at least. And completing a DUI Sentence is usually not required, but could cause other problems.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: A builder wants to run his personal utility lines through my property against my protestations, can I prevent this?

The builder has purchased land behind my property to build his personal residence, and rather than follow the road to install his utilities he wants to cut through my property to shorten the distance and cost of installation. I've informed him we will not allow this action, and he is... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You will need to hire a competent attorney now to conduct title searches on each tract. Then request Chancery to issue an Injunction after you post a Bond. It will be expensive and difficult, and you could lose due to his necessity. Once the lines go up, you have effectively lost.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Deed to property has my name and my fiance's name on it. What are my legal rights to the property

If he passes away before we are married, with or without a will... What are my rights to the property? Both our names are on the deed.

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

You did not give the exact granting clause. But I assume both of you are Tenants In Common of One/Half Undivided Interests each. Have a lawyer, even in OH look at the Deed and tell you what it says. If T in C then the 1/2 Interests go to the respective Decedents' Heirs or Devisees. Other... Read more »

1 Answer | Asked in Estate Planning for Tennessee on
Q: My 29yr old daughter passed away and she lived with her grandparents. Can I retrieve her belongings?

She was disabled and had nothing of real value. The grandparents are refusing to give me any of her possessions. What is my recourse?

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Small Estate Affidavit might work with you as the Administrator.

1 Answer | Asked in Uncategorized for Tennessee on
Q: Is it lawful to wear a mask while carrying a concealed weapon?
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Certainly since we have no concealed weapon laws in Tennessee. Handgun Carry Permits work with or without the virus mess.

1 Answer | Asked in Criminal Law and Traffic Tickets for Tennessee on
Q: 2 days ago I was pulled over, because they were looking for owner of car

When I was pulled the officer simply stated " oh you are not ( name of person car is registered to) " the officer then asked my name and dob, apologized and let me go. Today (2 days later) an officer came to my home to serve me a summons to appear in court for an arraignment because my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If the Officer saw you operate a vehicle while unlicensed, then it will be very difficult to get it dismissed. A mistaken reason for a stop is usually held to be a good stop for reasonable suspicion of a crime. Even if you made a Motion To Suppress, it would either be ignored or the LEOs would... Read more »

1 Answer | Asked in Car Accidents for Tennessee on
Q: Nationwide insurance company revoked my License About 10 years ago I’ve been trying to get them back

Backed into A car in the park no court date no police officer I gave the guy my information I did not have insurance then I got a letter from nationwide insurance company to pay $1500 did not have it at the time and did not know where to send it to but would like to resolve this possible

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

If you have a TN DL, then call the TN Department of Safety, Financial Responsibility Section. Apparently you may have to get a release from Nationwide.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm going through a eviction notice just got back to work how much time do I have to move out or could there be payment
Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

Not sure of your question. But you have been told to leave soon. If not, the owner will prosecute a Detainer Warrant against you, which can take three to six weeks.

2 Answers | Asked in Real Estate Law for Pennsylvania on
Q: Private Sale Vacant Lot

I’m buying a vacant land from a close family friend. This is a cash deal. Can we just do a sale agreement and deed On our own and have our signatures notarized? I plan to Do a title search on my own and then file the paperwork with the county. I don’t see why I need to pay all this money for... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 30, 2020

A written agreement is not needed if you both actually execute the conveyance. But you need an attorney to conduct a Title Search and draft that Deed properly. Otherwise you are guaranteed to have a title problem that will be difficult and expensive to correct.

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1 Answer | Asked in Small Claims for Tennessee on
Q: Paperwork on motion to claim excess funds, what talking bout names of heirs, an blank to act alone?
Anthony M. Avery
Anthony M. Avery answered on Jun 25, 2020

I do not understand your question. But it sounds like the Next of Kin are trying to recover a Decedent's monies. You probably need an attorney to draft, execute and record an Affidavit of Heirship. Then use a copy of the Affidavit to support your Claim Form, for the benefit of those listed... Read more »

1 Answer | Asked in Contracts for Tennessee on
Q: A car dealership made a contract with me that says 0 Down, we signed the contract now they want a new New contract

With 400 dollars down on the new contract but there’s no box that says sellers right to cancel

Anthony M. Avery
Anthony M. Avery answered on Jun 25, 2020

You need to read the contract very carefully. But even with no cancellation term, suing the actual contracting party for specific performance will be expensive. Proving breach of contract damages will also be difficult, but a judgment might be collectible. A pro se suit in General Sessions might... Read more »

2 Answers | Asked in Real Estate Law for Kansas on
Q: Two days before closing the seller says she won't sell to us unless we pay her 500 dollars aside. Can she do that?

She wants us to pay 500 dollars of her closing on her new house. I feel like she is holding the house hostage and we have to pay ransom to own it. We have done everything in good faith and have waited 4 months and had closing delayed 3 times. Our real estate agent is pushing us to pay the 500.00

Anthony M. Avery
Anthony M. Avery answered on Jun 25, 2020

You need to read your Contract To Purchase. The seller is probably anticipatory breaching it. This may be a good time to walk away from the deal and buy elsewhere.

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2 Answers | Asked in Real Estate Law and Tax Law for California on
Q: I sold my house back in April 2020 and now the title company is calling me saying I had a supplemental tax from 2015.

The house is not in my name anymore do I have to pay this tax and if so should the owner title insurance cover this. Also If I don't pay it what can they do?

Anthony M. Avery
Anthony M. Avery answered on Jun 25, 2020

If you conveyed by Warranty Deed, you may have breached the Covenant Against Encumbrances. Did anyone perform a title search before you sold?

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Mississippi on
Q: I own the land, but a house was already there when I purchased the land. Who owns the house?

I purchased a property in the land tax sale. I have paid all the taxes up and have my deed. There is a house on the property that was not assessed during the land sale. The people who live there have a deed for the vacant lot next to mine, but the house they live in is on the land that I purchased.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jun 24, 2020

Probably not. They probably own both tracts by adverse possession under color of title. You should have performed a title search prior to purchase. And tax sales are notorious for sometimes conveying nothing, as there are no real covenants of title. With tax sales, you always need a competent... Read more »

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