Questions Answered by Anthony Marvin Avery

Q: My grandma passed and left alot of land to my mother, brother, sister and I.

2 Answers | Asked in Land Use & Zoning, Real Estate Law, Estate Planning and Family Law for Tennessee on
Answered on Feb 15, 2019
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...

Q: Can my HOA disregard the terms of my discloser notice to prorate their bill and charge me late fees before i move in?

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Feb 14, 2019
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.

Q: Real Estate Question on the Listing Extension Agreement Contract: 2 Owners, only 1 signs extension; 2nd owner refuses

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
The Owners as Tenants In Common should file a Complaint for a Sale for Partition. If the Real Estate Agent feels cheated, it is up to him to file suit.

Both Owners must agree to sell or there is not Real Property Conveyance. Both must sign the Deed or one of them should hire a competent attorney and file for Partition.

Q: Can I own a firearm if my probable cause determination in TN was TAC. 39-13-101 simple assault.

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Feb 13, 2019
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.

Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Tennessee on
Answered on Feb 13, 2019
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...

Q: I am a fireman that just got charged with simple possession. I've never been in trouble before and seeking Diversion.

3 Answers | Asked in Criminal Law for Tennessee on
Answered on Feb 13, 2019
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...

Q: If you get a 1099 can the company still charge you with fraud even if they knew about the money on the 1099

1 Answer | Asked in White Collar Crime for Tennessee on
Answered on Feb 12, 2019
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).

Q: Can a leasee in a rent to own agreement be made to pay property taxes?

2 Answers | Asked in Contracts, Tax Law and Landlord - Tenant for Tennessee on
Answered on Feb 8, 2019
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.

Q: If I am speeding andmy children are in the car with me can I be charged with violation statute code 55-8/136 ?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Feb 7, 2019
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.

Q: Can mortgage company refuse to talk to the administrator of an estate regarding the deceased property ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
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.

Q: How long does mortgage company have to review administrator of estate papers ?

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Feb 7, 2019
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.

Q: I have a conspiracy charge that put me on County Probation of 11months 29 days in Janurary of 2018 due to the court

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Answered on Feb 7, 2019
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.

Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.

2 Answers | Asked in Foreclosure and Real Estate Law for Tennessee on
Answered on Feb 6, 2019
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.

Q: Can you drop off students in a no-parking zone in a neighborhood beside a school?

1 Answer | Asked in Traffic Tickets for Tennessee on
Answered on Feb 6, 2019
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.

Q: if I'm arrested and not read my miranda rights can the court still convict me?

1 Answer | Asked in Criminal Law and Federal Crimes for Tennessee on
Answered on Feb 1, 2019
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.

Q: can someone take pitcure of your house or your proputy with out asking

1 Answer | Asked in Contracts, Criminal Law and Real Estate Law for Tennessee on
Answered on Feb 1, 2019
Anthony Marvin Avery's answer
Yes as long as they do not physically trespass upon your real property.

Q: what is meant by nature and amount of the lien sought to be fixed

1 Answer | Asked in Real Estate Law for Tennessee on
Answered on Jan 28, 2019
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.

Q: with no video or picture eveidence on a charge of burglary 2nd degree how good are the chanches of not going to jail ?

1 Answer | Asked in Criminal Law for Tennessee on
Answered on Jan 28, 2019
Anthony Marvin Avery's answer
You have not stated sufficient facts, much less what the State has. Hire a competent attorney now and prepare for either a Preliminary Hearing or

Discovery and Trial, depending on where you are at in t his prosecution.

I would at least read the Warrant to see what the Officer/Affiant claims happened.

Q: Is there anything I can do to get my money back? Especially since I have him stating in writing that he would?

1 Answer | Asked in Contracts for Tennessee on
Answered on Jan 28, 2019
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.

Q: I have 3 siblings besides myself, our father passed away in May 2018 , no will.

1 Answer | Asked in Estate Planning for Tennessee on
Answered on Jan 26, 2019
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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