Tampa, FL asked in Real Estate Law for Tennessee

Q: I have a question regarding a property I own but the actual building was in my father's name which was foreclosed on.

The property taxes are owed and in my name but I thought the bank had taken over the entire property. Since the property is in my name, and I have spoken to Bank Of America, which have informed me that they no longer hold a mortgage.. If I pay the taxes, is the house also mine property since it is on the land in which I have to pay taxes on now.

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2 Lawyer Answers
Leonard Robert Grefseng
Leonard Robert Grefseng
Answered
  • Columbia, TN
  • Licensed in Tennessee

A: This question cannot be answered without actual looking at the documents in question. It is very unusual for the building to be separated from the real estate. it sounds like there is some missing information or some erroneous information. Consult an experienced real estate lawyer to "search the title" and verify your ownership before you spend money on the taxes.

Anthony M. Avery
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Answered
  • Knoxville, TN
  • Licensed in Tennessee

A: It is possible there is a repossessed modular building/mobile home involved which was subject to a Security Agreement, and not a Deed of Trust which could have been foreclosed upon. But you need a title search, and hopefully there is a recorded assignment of the Deed of Trust. A UCC check might be in order. In any event, you have not disclosed enough facts. Hire a competent attorney to determine what it is that you own.

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