Anthony Marvin Avery's answer You have only stated you got an ownership interest in the Property from your Grandmother. However you have not stated how this came about, such as a Deed, Will or an Inheritance. You will need a Title Search at a minimum, and possibly an Affidavit of Heirship. If you are actually a Tenant In Common or Remainderman, then you will have to sue everybody involved in Chancery. The Action will probably be an Ejectment Suit which is very difficult. All interested Parties must either be...
Anthony Marvin Avery's answer You are pretty much at the HOA' s mercy. As the owner of a condominium, you are subject to a ton of restrictions and fees. If they sue to execute on the lien, or worse, just conduct an execution sale, then you either satisfy the lien or file a very expensive Chancery Suit for a Declaratory Judgment and Injunction. The usual way of dealing with this is to acquire other owners to back you running for a position on the HOA.
Anthony Marvin Avery's answer Yes you are not under any Firearm Disability. However you need to get this Charge Diverted, Dismissed and Expunged. Your NCIC will probably show the outstanding Charge, so most Firearm Dealers will not sell you a Firearm. However you can buy and possess Firearms. Do not get in an argument with anyone over this, hire a competent attorney and comply with the Court Orders to the letter. The possible problems will arise if you are Indicted for a different offense than what was bound over.
Anthony Marvin Avery's answer Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Anthony Marvin Avery's answer I am sorry but almost always the charged offense in Arrest Warrant or Indictment will be entered upon your Criminal Background Check in the various Background Databases. Even though you are not convicted it will appear as an outstanding charge. Hopefully noone will check your NCIC and you can complete a one year Diversion Probation , then request the Court to Dismiss it and Expunge the Charge. Always keep a certified copy of the Order of Expungement for the rest of your life, in case you...
Anthony Marvin Avery's answer Not exactly sure what your question is about, but a Civil Fraud case can certainly be made, and most likely also a Criminal Theft charge also. Illegal Income is still income that must be reported by the Recipient, and can be a legitimate business expense for the Defrauded Party. The 1099 could probably be used as part of a Defense, to infer the alleged Victim's knowledge before, during and after the money being paid to the Recipient (or Thief).
Anthony Marvin Avery's answer The Lessee usually does. Thank goodness you understand that you are not a titled owner of real property, only possess it with a Lease with Option to Purchase. Remember you are subject to a Detainer Warrant at almost any time, and the money you paid out will be gone. You are not building Equity. And if you exercise the Option, you may have to sue for Specific Performance.
Anthony Marvin Avery's answer Yes. The Children would probably have nothing to do with the Rule of the Road Violation unless the Officer knew you were distracted by Them. This Statute is usually given in connection with an accident.
Anthony Marvin Avery's answer Yes. About the only real right you have is to tender payment in full of the Note with all penalties. If the NoteHolder refuses you payment, then file suit in Chancery to have a Waiver Declared such that the Note is satisfied.
Anthony Marvin Avery's answer The Holder of the Note and Deed of Trust do not have to talk to anyone. nor does the Trustee conducting the Sale. It appears the Note is in default and they are going through with the Foreclosure. The Estate may wish to bid at the Sale or you may believe the Note and other requirements of the Deed of Trust are not in Default. If so you may wish to hire an attorney to request an Injunction in Chancery, but you will have to post a Bond.
Anthony Marvin Avery's answer You have made a serious mistake. The Court tried to not destroy your life with some type of Diversion, but you violated it. It is very possible a large amount of the 11/29 Sentence you pled to will now be ordered served, anywhere from 30 to 90 days at least. Contact your attorney and tell him how you think you violated Probation and pay the entirety of your Court Costs and Fines prior to the 14th. That way the Court and the Probation Officer might want to give you another chance.
Anthony Marvin Avery's answer You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
Anthony Marvin Avery's answer It is not legal for you to park there, much less halt briefly, and let out or pick up a passenger. However a Parking Citation is rarely a Rule of the Road Violation, so it does not go on your Motor Vehicle Record for the last year. You do not acquire points against your Driving License.
Anthony Marvin Avery's answer Yes if they have sufficient Evidence to present to the Court outside of what you verbally told the Officers. The Miranda Case only concerns Testimonial Evidence you give against yourself, not any other Evidence.
I have no idea what the Waiver is that you are talking about. That is not a Statute in Tennessee, but it might be a City/County Ordinance or a Local Court Rule. You should hire a competent attorney now.
Anthony Marvin Avery's answer Whatever authority created the Lien (Judgment, Statute, Voluntary Contract, Mechanic & Materialmen, Tax, etc.) must usually be carefully stated. The Date of creation is always important. Fraudulent Liens can be prosecuted upon and/or set aside by the Courts. And of course the amount of the Lien on a certain date must be stated.
Anthony Marvin Avery's answer I doubt your writing is a Note, but it can be part of the Evidence to sue upon an "Account Stated" in General Sessions Court. You need to file a Civil Warrant, have it served upon him, and then try it. Collection upon a Judgment its the hard part, and I suggest hiring a competent attorney to collect after you get a Judgment. If it is not enough money involved then forget about it.
Anthony Marvin Avery's answer Under the laws of Intestate Secession each of you owned one fourth each of his properties at death. It appears that your Father knew what he was doing and did not want Probate. It is up to the Creditors if they want to Probate his Estate, but this is very rare. Even then it would be very difficult for them to get paid and not all Creditors would file Claims.
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