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Questions Answered by Anthony M. Avery
1 Answer | Asked in Criminal Law, Divorce and Family Law for Tennessee on
Q: my husband is on my bond and we are getting a divorced and he says he going to take hisself off my bond what will happen

The bond is paid and it’s been 4 years been to court couple times then Covid hit and now it’s been 4 years need two know what I need two do will I be put back in jail if he takes his self off my bond live In Tennessee

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answered on Nov 24, 2023

That is probably up to the bondsman, who you should call as you are his prisoner. If the bondsman asks the Court to exonerate him, then the Judge may set a bond or possibly release you on your own recognizance. But 4 years is a long time not to go to trial. Talk to your lawyer. Be ready with a... View More

1 Answer | Asked in Real Estate Law for New Mexico on
Q: My uncle before passing away deeded some property to me. I went to the county clerks office to record the property.

The clerks office refused to record the deed since they did not have a deed on file showing indivdual mortgage company that sold it to my uncle. My uncle never recorded that deed. His house burnt so it was lost in the fire. But the county where the property is in sent him the tax due and my uncle... View More

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answered on Nov 13, 2023

It sounds like there was not a mortgage but a contract for a deed. If such, record title was never in the Uncle, and a possible breach of contract and quiet title action should be filed. If there was a mortgage, then Uncle had title to encumber. Hire a NM attorney to search the title and... View More

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

3 Answers | Asked in Probate for California on
Q: Legally Separated 5 plus years. Spouse died in another state. Where is probate filed?
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answered on Nov 14, 2023

There are situations where it is not easy to determine what State a Decedent was domiciled in at death. In those cases good lawyers look at the best venue State to file Probate. This is especially true if there are large creditors of the potential Estate. Consult with an attorney in the... View More

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1 Answer | Asked in Criminal Law for Tennessee on
Q: Once you're put on probation do you have to notify your bail bondsmen that you were put on probation?

I wasn't told if they already know but I still call them to check in and they act like they don't know. N I get put on hold everytime I tell them its me and they put me down as checked in.

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answered on Nov 10, 2023

The appearance bond guarantees your being at Court or jail on certain dates. You can tell the bondsman what the Court ordered but what counts is showing up at Court when the Docket says you are supposed to. A bondsman could require you to report your case's status, but it would be unusual.

1 Answer | Asked in Consumer Law, Contracts, Business Law and Small Claims for Tennessee on
Q: I have done a consent judgment on an amount I am being sued for and it was approved. Do I still have to appear in court

The lawsuit is coming from a loan company that has acquired a lawyer for representation. I think I got the term "Consent Judgement" correct. With that being said, since the judgement was approved by the courts, is it still necessary for me to go to court?

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answered on Nov 10, 2023

It is probably an Agreed Judgment. I recommend you still go to Court to get the agreed money Judgment entered. Sometimes bad things happen, and it is difficult to rectify them. That creditor's attorney might forget about your agreement and enter the full ad damnum, plus attorney fees... View More

1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

1 Answer | Asked in Estate Planning for Tennessee on
Q: My siblings and I wish to setup a trust to place some property we had inherited in , what kind of trust would that be
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answered on Nov 6, 2023

From what you have stated, it is a Trust of no particular type. You will need a Trustee (or multiple Trustees) and Successor Trustee provisions. A fund for paying taxes will be required. A lawyer needs to search the title and draft the Deed over to the Trustee for the benefit of the Trust... View More

1 Answer | Asked in Estate Planning for South Carolina on
Q: How does a life estate deed work? Who puts the deed in the reminders name when life tenant dies

2011 my father passed away 2 properties left to me in a life estate. mother lived there until 2015. I moved there 2015. the property taxes were behind. tax office told me I had to pay back taxes before I could put deed in my name couldn't afford to pay the back taxes ($8000 for 2015 &... View More

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answered on Nov 2, 2023

Property Taxes have nothing to do with the Title. Apparently you need to hire an attorney to search the title and determine record ownership. Usually the grantor makes one Deed conveying life estate(s) to someone, then either conveys a remainder estate to someone or retains it himself. There... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: A judge ignores a recorded phone conversation that contradicts the opposing party's claim in Probate. What should I do?

The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More

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answered on Oct 26, 2023

Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More

1 Answer | Asked in Real Estate Law and Probate for New Mexico on
Q: my fathers aunt had left him her house via a transfer on death deed , both have passed what can I do. Im the heir

I don't think it was recorded,

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answered on Oct 23, 2023

If the Deed was not recorded, it has no effect here. You might want to get the Deed placed of record, then establish that you are your Father's Heir (Probate, Affidavit of Heirship) etc. If you have the Deed, hire a NM attorney. You may have to then get possession after you establish title.

1 Answer | Asked in Divorce and Family Law for Tennessee on
Q: How do I start a divorce if I haven’t seen or heard from my spouse in over 40 years.

I’ve also tried to find him and could not.

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answered on Oct 23, 2023

Probably need a private investigator to check thoroughly. Check SSA Death List also. Check with all known family members. You might talk a Chancellor into an abandonment ground divorce, which is almost impossible. Publication Service will be necessary in addition to whatever service attempts... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for West Virginia on
Q: Divorced ‘09 ex’s lawyer wants my signature to take my name off deed to sell all mineral rights. A) will I owe taxes

B) if we agreed in divorce that he’d get the house (before any mineral rights existed) am I entitled to any money from the sale when I’m still on deed?

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answered on Oct 20, 2023

Probably not as the DV decree will revest all rights in that real property to one of the parties. You might be able to reopen the DV. Consult with at WV attorney who will need to look at the DV file, search the title, and examine WV marital property distribution, especially mineral rights. If... View More

2 Answers | Asked in Car Accidents for Tennessee on
Q: I am being offered a payout for my truck that is much too low.

It happened in Tennessee, and the incident was not my fault (the other driver broke the law, crossed a double line on a small two lane road while trying to pass someone.) they hit me head on and totaled my truck. Now the insurance company (hers) is offering me a payout for my truck that is much too... View More

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answered on Oct 13, 2023

If you do not agree to their offer, then hire an attorney to sue the other driver for property damages. Hopefully the driver was cited for rule of the road violations which were adjudicated as guilty verdicts. That would make his negligence per se. Otherwise, you will have to prove his... View More

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1 Answer | Asked in Contracts and Real Estate Law on
Q: Property and home loan under sister's name but I paying instalment can do agreement transfer property after settle loan

Under my name cannot apply loan. And she did have promised me that she will transfer property after loan settle but i want it to be certain.

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answered on Oct 13, 2023

Not sure of your question, but it appears that you have already got the sister to buy land with her getting the loan. That means she owns it subject to the secured debt. You have no legal title, but only a possible equitable claim. That is not the way to buy a home. The best remedy is to get... View More

1 Answer | Asked in Criminal Law and Family Law for Tennessee on
Q: My girlfriend gave her keys while in jail & recently her grandmother got power of attorney & trying to say I stole them.

My girlfriend was arrested for violating probation and while she was in there she signed her keys out of her belongings and told me to take care of her car and her things while in jail. Well just recently her grandmother got power of attorney and is trying to get the car and is threatening to press... View More

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answered on Oct 12, 2023

You cannot prevent the attorney-in-fact swearing out an arrest warrant against you. But be prepared to post bond, hire an attorney and subpoena your girlfriend at jail to testify at the Preliminary Hearing. You could write the mother a letter explaining what has happened. Since she has the... View More

1 Answer | Asked in Estate Planning for Maryland on
Q: My mother became a beneficiary of a trust in 2002- I have discovered she wasn’t notified of its existence until 2007.

The trustees are refusing to provide account statements for that time period. Can I petition for a full accounting for 1997-2006?

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answered on Oct 12, 2023

Most if not all of those years will have busted the applicable SOL. Hire a competent MD attorney to sue for conversion, breach of fiduciary duty and an accounting. Try to toll them as much as you can. The other beneficiaries are probably defendants also, which will put pressure on the trustees... View More

1 Answer | Asked in Estate Planning and Elder Law for Tennessee on
Q: Do we need to go to court, in TN, to terminate an irrevocable trust, in which a home is included?

Home in an irrevocable trust. Selling the home now, but grantor is still alive. All beneficiaries, trustee and grantor are in agreement to terminate trust. That way we could avoid paying taxes on all profit, and be able to get the first $250 k in profit free of taxes. Could we do it without having... View More

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answered on Oct 11, 2023

If the purchaser wishes to take such a title risk, then all interested parties might sign deed as grantors. But I would not draft that deed. It is recommended that a competent attorney be retained to read the Trust, search the Title, then file suit in Chancery to get authority to convey.... View More

1 Answer | Asked in DUI / DWI for Tennessee on
Q: I was arrested for DUI. I was given no field sobriety test or breathalyzer, and there was nothing in my blood.

I was arrested in a Walmart parking lot after someone called 911 thinking I had overdosed. The ambulance came, and wanted to check me out so I let them. After I got out of vehicle the cops were there, and immediately took me to jail on DUI charges. I was given no field sobriety test or a... View More

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answered on Oct 11, 2023

Do not plead guilty to DUI as it is a decent case. The hospital blood test might help, but the prescribed drug in your system will be used by the DA. It is possible that an objection to its admissibility might be successful. I would be concerned about what you said to the LEOs, and whatever... View More

1 Answer | Asked in Banking and Real Estate Law for Iowa on
Q: If I am on the deed/title to a home but not the mortgage, can I be forced to sell or move out my the mortgage holder?

My girlfriend and I have lived in a home together for 7 years in Iowa. We recently split up and I am living in the home. I am on home title/deed, but I am not on the mortgage. My ex is the sole mortgage holder. I am paying her the monthly mortgage. We have a written agreement that is notarized that... View More

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answered on Oct 6, 2023

Girlfriend is not the mortgage holder. That is the lender and whoever signed the note is personally liable to them. Whoever signed the mortgage is the mortgagee. The mortgage probably has a due on sales clause which might be violated by executing your agreement. Then foreclosure might occur.... View More

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