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Questions Answered by Anthony M. Avery
1 Answer | Asked in Real Estate Law for Tennessee on
Q: When a married couple buy a house and the loan is only in one spouses name does the title have to be in both names?

I was told this when I purchased my first home. I had the loan in my name and they made me put my ex husbands name on the title saying it was Tennessee las

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2020

It is not a legal requirement. But if you want that outfit to loan you money, then you have to abide by their rules. You apparently are the fee simple owner, but they probably want the husband own the title, and most certainly the Deed of Trust, to expedite a potential Foreclosure due to... Read more »

2 Answers | Asked in Criminal Law and Domestic Violence for Tennessee on
Q: I was charged with domestic assault-misdeamnor B (contact that was provactive and offensive). He didn't press charges.

This occurred in my office where I needed to restrain my brother who is not well mentally and has been going through a very difficult time over the last 3 years (divorce, loss of kids, loss of job, depression, recovering addict, self medicating, anger issues, etc..). I was worries about him... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2020

Do not plead guilty to Domestic Assault under any circumstances.

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1 Answer | Asked in Estate Planning and Probate for Tennessee on
Q: My cousin is selling my deceased grandparents house . My father their son is deceased as well. Do I have any right

Do I have any right to the selling of the house .

Anthony M. Avery
Anthony M. Avery answered on Mar 2, 2020

Not sure of your question. But if the surviving grandparent died intestate, then you are probably one of the Heirs At Law. Hire a competent attorney to perform a title search, and possibly execute and record an Affidavit of Heirship. If you are an Heir, then either intercede in the proposed... Read more »

1 Answer | Asked in Collections for Tennessee on
Q: If i had a vehicle repossessed in 2010, what is the statute of limitations for a collection agency to take legal action

I got a phone call 2 days ago about a vehicle that was repo'd in 2010 and sold at auction in 2013(according to collection agency) and this is the 1st time ive been contacted by collections

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Usually the Note SOL is ten years from the last non-payment due date. But there may be some contract that modifies that, or the creditor may have got a Judgment on the Debt. If they sued upon the Note Deficiency, then they probably have until 2023 to collect, by levy, garnishment, etc.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can a land lord sell a home if they owe the tenant money for repairs?

We have been renting month to month for 10 years with no lease. Two years ago I paid to get the roof re-shingled and got reimbursed by the landlord because she didn't have the money on hand. This year, a tree fell on the house and the landlord still didn't have insurance, even after raising the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Owner can sell the real property subject to your possessory rights. The grantee would then file the Detainer Warrant. You can sue for unjust enrichment, but it does not look good. Most competent lawyers would decline representing you.

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Is there a Dwell Law in the State of Tennessee?

I am a 57yr old female. I have to move out of my apartment that I have been in for over a year due to the fact that I lost my job over a month ago and have had no income to pain next months rent. I will start a new job on monday so I would only be two weeks late. Can I ask them to let me stay if I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Have no idea what a dwell law is. But contact your landlord and promise the exact day you will pay rent. They may wait, especially if you wind up being a good tenant. If no agreement, then the landlord must file a Detainer Warrant, serve/post it, get a Judgment of Possession, then either you... Read more »

1 Answer | Asked in Landlord - Tenant for Tennessee on
Q: Can my landlord petition the judge to make us get out the same day we go to court or will the judge give us 10 days
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

The Judgment of Possession is subject to appeal for ten days. After that, and you are not out, the landlord gets the Sheriff to remove you.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am wanting to sell my deceased mom's house. The deed has her and my name listed as owners. I never changed the deed.

How do I sell the house straight out to a buyer. No will or mortgage.

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Hire a competent attorney to perform a title search, then draft, execute and record an Affidavit of Heirship. That will be your source of Title, then you are able to execute a deed as the grantor, with the Affidavit shown in the Derivation of Title Clause.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How do I transfermydeceased mom's house to just my name?The deed has her and my name on it. She had no will.
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Hire a competent attorney to perform a title search, then draft, execute and record an Affidavit of Heirship. If there are Liens, then they must be addressed, or you might not own the real property very long. Any money owed would be against the property, not you personally.

1 Answer | Asked in Small Claims for Tennessee on
Q: I am the defendant and the plaintiff has a writ of possession for vehicle.

Do i have to deliver vehicle to her driveway. It's not hidden. She could pick up anytime but refuses because it's in another county

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

The Judgment is for Possession, not for money against you. So I would not worry about it too much. I suggest calling the Sheriff of the County that issued the Writ and inform him of the location of the car and key, if you do not wish to take the car to her home. You do not want to be accused... Read more »

1 Answer | Asked in Probate for Tennessee on
Q: Probate: My husband died, everything was in both of our names, except a vehicle that was paid for.

If someone else wanted to file probate for the vehicle, how long would they have. All his personal belonging were left to me. We live in Tennessee. He had a will. Will was not filed.

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

If the Will is not Probated, it has no effect. Apparently the vehicle was intestate property, and goes to the spouse, and issue if any. They could file for Probate several years from now, but it does not sound like there is enough property to pursue such a proceeding against a surviving spouse.... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: Can a promotion of manufacturing meth felony be expunged. It will be 9 yrs old in September 2020
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

That Conviction is probably permanent. If somehow the Defendant was convicted of an E Felony, then it might be possible. Check the Judgment of Conviction. There could also be a problem with a Lesser Included Offense. Diversion and Expungement are not exactly applied the same way on every... Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: Can I receive my firearm back if it was taken for being under the influence but it isn’t stolen ?
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Having a Handgun Carry Permit is irrelevant, unless procuring one is required by the DA to work out the Charge. But getting the weapon and ammunition returned can be difficult, at best. You need a competent attorney to represent you on the criminal charge, which if there is a conviction, will... Read more »

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1 Answer | Asked in Criminal Law for Tennessee on
Q: What will a felon that has been arrested for aggrevated kidnapping an aggrevated domestic assult face after arrested?

It's in Tn .An unlawful carrying of a weapon is also charged .4 charges at once .

How many years are they looking at.They have history of arrests an drug charges.Also,a child was likely at location the arrest occured.

Anthony M. Avery
Anthony M. Avery answered on Feb 26, 2020

If he is found guilty, possibly 25 years at 85%. But unless there were bodily injuries, the Conviction(s) will be for lesser included offenses at 30 or 35 %, concurrently. That is much less jail or prison time, with parole thereafter. With your stated facts, it is just speculation at this... Read more »

1 Answer | Asked in Criminal Law for Tennessee on
Q: A friend was caught shoplifting by store employees in Tennessee but left before police arrived. What happens?

A friend of mine was driving my truck and she went in the gas station and stole candy bars and paid for gas. While pumping gas she was confronted by store employees who said that they had her on camera stealing candy bars. And that the law was on the way and she should stay put until the police... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 26, 2020

Either of you may be charged with Theft of Property. Usually a LEO will hunt you down with the Tag, then ask you if you stole property. If nothing happens, do not worry about it. If you are charged, you will need to convince the LEO you did nothing but loan your vehicle. It would help if your... Read more »

1 Answer | Asked in DUI / DWI for Tennessee on
Q: In TN is it prosecutable to be convicted of driving with less than 0.05 if/ml of diphenhydramine in your system?

BAC Was 0

Everything on drug test was not detected EXCEPT diphenhydramine. Not even sure if that’s a standard drug to test for.

He took one half of a Benadryl (that’s the drug). He was tired and his allergies were bad. That’s all nothing more.

It was cold out, late... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2020

I do not know what that drug is, but the State can claim anything in your system influences your driving. And there is a threshold amount for Sentencing purposes for Alcohol only, with no particular amounts making a difference for drugs. So TN can probably charge you with DUI with that in your... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I sue a real estate business's E&O policy or does it have to be the broker?

Our broker committed fraudulent misrepresentation. He's since passed away. Can we sue his E&O policy for damages or does it have to the individual broker?

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

You probably will have to sue his Estate, if there is one. There is probably a large problem here. There is also a Real Estate Education Trust Fund to notify upon institution of Suit. You cannot sue the Insurance Co. directly.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I was awarded attorney's fees in a judgement. Does that $ get paid to me or my attorney?
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Usually whatever you and your lawyer agree to, which may be more or less than what you expected to pay him. But you have to collect it first.

1 Answer | Asked in Civil Litigation and Collections for Tennessee on
Q: Can a debt buyer file a garnishment or lien against me? Can they try to collect without a license?

The person collecting is not the original creditor but a default judgment was received. It is still within the statute of limitations and apparently a the person sold the judgment. Now my roommate has gotten a letter saying they may file for a lien or wage garnishment.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

If they own the Judgment, then they can try to collect it. Whatever license you think they do not have, has nothing to do with collecting against the debtor. You would only be able to file a complaint with the State.

1 Answer | Asked in Constitutional Law for Tennessee on
Q: In TN, if I was on a dating site and started talking to a person who claimed to be 25 then I got a call from the "father

And then this person said that this was actually a 16 year old and he is going to press charges. If this ended up with him asking for money. I realize that this would most likely be a scam but if it was real, can I actually be arrested amd prosecuted for this? This is deeply troubling.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Do not ever contact them again. It may be time for a new computer and phone.

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