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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for North Carolina on
Q: my boyfriend and I have bought a home together. What happens if we split up and he moves out?

He is the primary on the home loan and I am co-signer. Can I have him taken off of the loan if he moves out so that the home will be in my name only? We both pay half of the mortgage.

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

You can ask t he lender to remove his name from the Note, but they are not going to do that without a payoff or a refinance (which is a payoff to them). You all are probably Tenants In Common, but you need to ascertain your exact estate. Read the Deed. There are also taxes and insurance, so... Read more »

1 Answer | Asked in Real Estate Law on
Q: See full details of question below.

My brother and a woman he was living with purchased a home together. The woman was however still legally married to her first husband at the time of purchase. My brother and the woman were later married after she was divorced from her first husband. The deed to the property lists the woman and my... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

You did not disclose what State the land is in. And you did not state the exact estate created in the Deed. But most States Intestate Succession laws are similar. It sounds like your Brother was the surviving spouse and took the Fee. At his death, his Heirs-At-Law probably take as Tenants In... Read more »

2 Answers | Asked in Real Estate Law on
Q: Can a house be sold without signature of owner?

My house was sold by auctioneer. I did not sign any documents . The sale price was deducted from mortgage and rest deposited into bank account.i lived about 150,km from house .

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

Perform a title search and find out what happened. Then you can possibly sue to set aside the conveyance if there are grounds. But it sounds like you knew the sale was going on and did nothing.

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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I bought land from someone who never filed easement.

I bought land from an individual who never went and filed the easement I actually didn't even know what an easement was until I put the land up for sale on the market and the realtor needed a copy of it I had to worry the original seller for four months just to get it and the original easement was... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 9, 2019

I doubt the seller can get owners of other properties to execute a Deed of Easement for the benefit of your land. Suing for breach of warranties will be useless also. You probably have no choice but to either file suit in

Chancery Court to have an Easement Declared (which will be...
Read more »

1 Answer | Asked in Criminal Law for Texas on
Q: If someone got sentenced for murder today, how can I look that up online with no name of the person?

My brother’s killer was sentenced today and I’m trying to find information as my brother’s family has excluded me from that information. Simple google research has lead me no where without the persons name. Thank you.

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

A more direct approach would be to contact the Clerk of the Criminal Court in the County where the Murder occurred. A few questions should reveal who was prosecuted for killing your Brother. There may be little information available in the Court Records, but once you find the File, read the... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I would like to speak to an attorney about an indictment on a change when I never stepped foot into a jail.

I have been changed with introduction of contraband When I’ve jeber stepped foot into the jail in my life. Nor have a criminal background. I was indicated by a grand jury and have a court date December 17th and need advice in what to do from here as I am out on bond (bond was set excessive at... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

Initially you should have stayed in jail, and hired a competent attorney to move to reduce your Bond. That probably would have saved you some money for which you need to spend on retaining an attorney. Since the State went straight to the Gran Jury, they have prevented you from exercising... Read more »

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Can I get mailed a speeding ticket in Tennessee?

I was going 57 in a 40 and noticed lights flashing behind me, and I pulled over immediately but I’m not sure how long he was behind me as my music was up a bit. He kept going and was going to another call, but can he look up my plate later and mail me a ticket?

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

If the LEO saw a Rule of the Road violation, he can issue a Citation, or even get a Warrant for your Arrest. But since no stop occurred, nor Citation issued, it is very likely you will not be charged.

1 Answer | Asked in Civil Rights for Tennessee on
Q: My boyfriend and I have been together for about 7 years. He bought a house 5 years ago and before that he lived with me

In my apt for awhile. So I moved into his house with him 5 years ago. He cheated last year and not knowing anything was wrong he just looked at me one day and said we are done, get the f**** out. and I moved to FL on 6/12/18 and lived with my son. He wanted me to come and dummy me did in 9/2018.... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 6, 2019

He has to file a Detainer Warrant, serve you or post it, get a Judgment for Possession, then if you are not out in 10 days, get a Writ of Possession issued and executed. Most of your factual situation is irrelevant to a Court.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My fiance got arrested for domestic violence First time offense and clean record with no run in with law. whats next

its his first time domestic violence. He didnt hurt ne or bruises but the sheriff thought he did. He has a clean record and no run in with the law. He just accidentally slapped my left arm. what will happen?

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

Do not plead guilty to Domestic Assault under any circumstances unless there is Diversion. If you have to, try it.

1 Answer | Asked in Land Use & Zoning for Tennessee on
Q: We want to buy some property but on the power lines at the side of the property it has a sign that says wetland 29

What does this mean?

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

I do not know what "29" is, but wetland means you can do nothing with a generally defined area of the property. It sounds like TVA has run their easement very carefully. You may not wish to buy t he property. Or you might hire a competent attorney to conduct a title search, and possibly hire... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm a landlord and I have a friend that wants me to rent out his house when he moves away. If we sign a limited power

Of attorney Is it legal for me to rent out and manage his property for him? (I dont have a broker's license)

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

You are trying to manage the real property, not sell it. Yes, you can legally be a landlord.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Should we go to court or just plead guilty?

My wife has an IL DL and was involved in an accident in TN. She was cited for failure to yield. The ticket itself is $70 and the police officer said that if she pleads guilty, the fine would be $1000-$1700. The court date is in January. Since she was cited and we live in IL, would it be better to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

That amount of fines does not sound correct. Call the Clerk of the Court that issued the Citation, and he should be able to give you a correct total amount. When she pleads guilty, she is negligent per se, so you may wish to talk to your liability insurance co. first. It may by worth the... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought some land from someone cash money and now I can't sell ?

I bought land from an individual last year, I paid cash money & she ensured me that she could type of the deed. Me not really knowing the importance of the lawyer(but I do now !!) I said ok & she did so. I went to courthouse & filed it. 6 months later I decided to sell through a Realty company, Its... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

You have not identified what your problems are. But I suspect access to the property and derivation of title will be definitely part of your title problems. This was not something to do without a lawyer. Even if you are able to sue for breach of warranties, it is doubtful it will actually help.... Read more »

2 Answers | Asked in Estate Planning for Tennessee on
Q: My stepmother moved out the house where she had a life estate. If we now sell property, does she get any of the money.
Anthony M. Avery
Anthony M. Avery answered on Dec 5, 2019

You need a title search first. Then if step mom has a Life Estate, she owns the majority of the title. There are IRS Regulations which give a percentage ownership between the life tenant and the remainderman. Hire a competent attorney to look into conveying the real property.

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1 Answer | Asked in Traffic Tickets for Tennessee on
Q: Can I move to PR with unpaid traffic tickets?

I received a ticket in TN for going 49 on a new 25mph school zone. However, I will be moving to Puerto Rico in December 12, roughly 2 months before my scheduled court date. Would I suffer any unintended consequences if I were to not pay the ticket and just move? I just dont have $419 on me at the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2019

Most likely whatever State your License is issued from will receive a notice from the clerk. Your issuing State Agency may or may not ignore it. At worst the issuing authority will revoke your License. It sounds like TN Dept of Safety issued your DL, so you probably have a problem.

1 Answer | Asked in Divorce for Tennessee on
Q: I'm I entitled to half of the home we share? Married 3 years

My husband wants me to leave our home. I am unemployed and he controls the money.

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2019

You must look at the Deed. You may own as tenants by the entirety or nothing. Is there a Deed of Trust? If so there may be no equity. If he owns home, then you will probably not be entitled to any appreciation in value either (very short marriage). You need to get copies of tax returns and... Read more »

2 Answers | Asked in Car Accidents for Tennessee on
Q: I was in a car wreck and I just received a check from the person at fault insurance company

My health insurance already paid them. My question is who gets the check

Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2019

It depends upon whether you have a subrogation agreement with your insurance co. or not. If you have an insurance policy, read it. If not, call your insurance carrier. It is very possible it is your money if you did not make a claim on your on auto ins policy. It also sounds like you should... Read more »

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1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can i answer letter to quit from land lord. It is completely wrong. He shut my utilities off for 8 days. Court made him

It is just me an my 30 year old disabled son. My rent was not late. He turned the utilities. Off a week before my rent was even due. Then he turned back on after about 5 hours an cursing me out. He really had no reason to ask us to move. The mobile home had black mold the windows where not properly... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2019

You can, but once he serves or posts the Detainer Warrant, you must attend and argue in Court. Your letter now is legally irrelevant. It is doubtful you will recover for your work, which you should not have performed. I suggest looking for a new place.

2 Answers | Asked in Criminal Law for Tennessee on
Q: ex gf charged me with dv prior to this charged but it got dismissed an i recently got charged with dv again what to do

Anyway to get this one dismissed? Do I need a lawyer?

Anthony M. Avery
Anthony M. Avery answered on Dec 2, 2019

Do not plead guilty to domestic violence under any circumstances, except possibly a Diversion Plea.

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1 Answer | Asked in Real Estate Law and Civil Litigation for Mississippi on
Q: What must an attorney file if he is entering the case on behalf of the defendant after the defendant filed his Answer?

Defendant filed answer pro se in Mississippi Chancery court. This is a case of encroachment -- house built partly on defendants land.

Anthony M. Avery
Anthony M. Avery answered on Nov 29, 2019

Usually the lawyer files and serves a Notice of Representation. Sometimes an Amended Answer under Leave of Court is necessary, especially in a land case where the Defendant does not know what the law is.

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