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Questions Answered by Anthony M. Avery
1 Answer | Asked in Family Law and Real Estate Law on
Q: How legal is a promissory note
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

A Note is an unconditional promise by the maker to pay money to the payee at a certain time. Promissory Notes were around long before the UCC utilized by State Codes. It may or may not be secured by an agreement for collateral to be hypothecated. It may or may not be transferable.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can I get my charges dropped if my name is misspelled
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

Usually not. A new indictment or an alias will go down.

1 Answer | Asked in DUI / DWI for Tennessee on
Q: Can a DUI be expunged
Anthony M. Avery
Anthony M. Avery answered on May 18, 2021

A TN DUI Conviction cannot be expunged. Sometimes a good lawyer can mitigate the consequences of a bad background.

1 Answer | Asked in Divorce for Tennessee on
Q: Judge granted me a divorce in 08 my lawyer never got paperwork for judge to sign or me or my x so am I still married
Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Have you checked with the Court Clerk? You need to physically look at the File, which may be difficult to find. Hopefully there is an Order and maybe some Minutes. If not, then you may need a lawyer to get an Order Nunc Pro Tunc entered, or a new Divorce Action.

1 Answer | Asked in Real Estate Law on
Q: The last 6 months I have been paying off land I'm living on, 2.5 acres they say the other realtor sold my property for $

They claim realtor forgot to take ad down. I saw some people about month ago saying they bought property across from mine. I think they are scamming me they want me to up and move I've been there for 6 months. Is this legal?

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

If you did not receive and record a Deed, then you own nothing. It sounds like you might only have a lease with option to purchase. Hire a competent attorney to search the title and give you advice how to buy the land, or leave now before you throw more money away.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Grandmother passed away without a will in TN My Mother lived in her house with her for years and remained after death…

Grandmother did not owe any bills and her house was paid for. The house was never transferred to my mothers name. I have paid the taxes on it for years. Now my mother is in bad health. Should we put the house in my mothers name now or will it pass to me upon her passing? Thank you.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

You must determine who the owner is right now first. A title search and an heirship determination will be in order. Then you and the Mother might seek counsel about Estate Planning. Remember the longer you wait, the chances of judgment liens become more pronounced.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Regarding a joint tenants with right of survivorship, since April, 1994, property in TN

One co-owner (mother) died in August, 2020, remaining co-owner (brother) has refused to provide keys & access to said property & is attempting to buy me out, but demands I pay for expenses that are not affiliated with said property, While I am willing to share half of property taxes &... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

These money issues can probably only be addressed through an Action for an Accounting and Conversion. But you basically only have a 3 year SOL. Again the real property needs an agreed conveyance, or an Action for Partition.

1 Answer | Asked in Landlord - Tenant, Estate Planning and Probate for Tennessee on
Q: shut out of property that is co-owned, under joint tenants with right of survivorship fall under unlawful ouster law

after death of parent, my brother, who was an equal owner, under joint tenants with right of survivorship has refused to provide access or keys to the property, which has been co-owned since April, 1994. He is now attempting to make me pay for expenses for that property.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

If in fact you are a joint tenant with your brother, then you may wish to help pay for the taxes, insurance, etc. Somebody has to, or the Trustee will sell it for taxes. You may wish to hire an attorney to file a Petition in Chancery for a Sale for Partition. Also you two could buy each... Read more »

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I missed court for driving w no insrence which i got 2 days after the ticket was issued.not that it makes a difference
Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Hire an attorney to represent you. He can get you before the Court, then see if a Dismissal is possible since Diversion is not.

1 Answer | Asked in Domestic Violence for Tennessee on
Q: My ex took out a restraining order against me and perjured my address so I wouldnt be in court on the date.

I wasnt in court so I dont know what happened. I was never served. I texted her and I hear she filed for a violation of the order against me. What do I do? This isnt fair if its true.

Anthony M. Avery
Anthony M. Avery answered on May 17, 2021

Hire an attorney. He can look at the file, then file a Response and request a Hearing. By yourself you will be arrested and will not be able to effectively represent yourself.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a relative has cosigned on my mortgage, can they take me to court because I've been unable to refinance without them?
Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

If the relative pays off the Note, they might file suit for Contribution against you. It is not a significant risk though.

1 Answer | Asked in Probate for South Carolina on
Q: What to do when public record shows an invalid grant of informal probate of a revoked will
Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

You may wish to hire an attorney to look into a will contest.

1 Answer | Asked in Real Estate Law on
Q: i have a fence in my yard that has been there since 1986 (at least, it is listed in the survey from then) now, the hous

has sold and the new owners say that from the original agreement of the property owners in 1928 (a shared driveway agreement) that i now must move this fence and give them accesss to six feet of property at the end of the driveway where there is now a garden. the property was divided up this way... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

I have no idea what State you are in and thus, have no idea what SOL's control. However it sounds like all adjoining landowners have acquiesced to the fence being the boundary line for many years, and it is the legal, tangible, de facto boundary irregardless of the legal descriptions of the... Read more »

2 Answers | Asked in Real Estate Law for Maryland on
Q: Can I use a quit claim deed for heirs to convey their interest then later use a warranty deed to sell the property?

About 8 of us are heirs to a small piece of property in Vance County North Carolina with a value of approximately $7,000. Can the heirs convey their interest to a single heir using the quit claim process and then the single heir sell the property to a non-heir/unrelated person using a warranty deed?

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

Any of that could happen, but you need to consider what needs to be done. A derivation of title clause for the heirs' source of title must be drafted and placed in the legal description. An affidavit may need to be recorded first. Quit Claim Deeds convey the estates, but Warranty Deeds also... Read more »

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1 Answer | Asked in Real Estate Law on
Q: Ingress/Egress/Utility Easement added to plat at sale (5/16/2016) that was misrepresentation what do I do. Just discov

Seller and Surveyor added an easement to the certified plat a week before closing for the convenience of the seller, sent the plat through a county planning commission for approval, and recorded it with the registrar. The seller told my real estate agent and myself the easement was "always... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

There is a good chance you have blown the SOL. If you bought owner's title insurance, you might have a claim. Criminal charges are doubtful and likewise will be beyond the SOL. You may be able to sue to reform the deed (doubtful) or file ethical complaints against the real estate agents.... Read more »

1 Answer | Asked in Criminal Law and Wrongful Death for Tennessee on
Q: can a person with any amount of meth in system be arrested and charged if they hit a pedestrian and pedestrian dies
Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

There could be numerous criminal charges generated by such a scenario. If you know who the defendant is, tell him to not talk to anyone and hire a competent attorney immediately. An insurance company may need to be notified by your attorney.

1 Answer | Asked in Criminal Law for Tennessee on
Q: Im charged with identity theft. Police came to my house 3 times. holding 2 white paper . didnt announce who or why

I would like to know how to find out whats going on

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

Apparently you already know the general nature of the criminal charges. Hire a competent attorney immediately. Do not talk to anyone about this, especially on the internet.

1 Answer | Asked in Traffic Tickets for Tennessee on
Q: I have a speeding ticket for 81 mph at a 70 mph zone (Interstate) while going with traffic. How do I defend my case?

I was being repeatedly honked at for being on speed limit (70 mph), so I had to accelerate a little. It was daytime.

Anthony M. Avery
Anthony M. Avery answered on May 13, 2021

Go to Court in a respectful manner. Dress decent and talk to the DA or Judge politely. Quickly explain what happened. Have cash on you. Possibly you will be diverted or dismissed, or you might plea to a MVR nonreportable 9 mph over.

1 Answer | Asked in Real Estate Law for Colorado on
Q: Is a promissory note also required to file a Trustee's Deed?

I need to make sure I understand the difference between a Trustee's Deed and a Deed of Trust. I also need to know if a Trustee's Deed can make the Grantee the owner of the trust and its debts without the knowledge of the Grantee.

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

Trustee's Deed is a conveyance from a Trustee, which usually is generated by a foreclosure. Deed of Trust is a security instrument, making property collateral for the payment of a Note. If a Deed is not delivered to the grantee, it is not a conveyance.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Alabama on
Q: mom passed away her name was first on the home with my step dad second She didn't have a will as her child do i get part

I've lived in the home have taken care an maintain all needs of home. Step dad remarried and now his new wife wants to push me out of home and sell property? Do I have any rights to do anything

Anthony M. Avery
Anthony M. Avery answered on May 12, 2021

From your statement of facts, apparently stepdad has the title. Hire an attorney to search the title.

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