Asked in Contracts, Real Estate Law and Civil Litigation for Tennessee

Q: How would you go about recovering money paid on a contract for deed?

I have been making payments on a contract for deed only to find out that the person recieving payments is not the deeded owner. Would this be considered felony fraud? Should I contact the sheriff?

1 Lawyer Answer
Anthony M. Avery
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  • Knoxville, TN
  • Licensed in Tennessee

A: You can try to get the Sheriff to get a Warrant, but it is doubtful. Put together proof of payment, the Contract, and the actual owner's Deed. More than likely You are left with suing your contracting party for breach of contract, fraud, and any other appropriate causes of action. Hire a competent attorney, and expect a Detainer Warrant to be issued against you. The SOL might help. You have to search the title before ever trying to buy real property.

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