Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee

Q: Can a lender foreclose on a homeowner with dementia?

My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No one had any idea until the home was sold. Does he have any legal recourse?

1 Lawyer Answer
Anthony M. Avery
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Estate Planning Lawyer
  • Knoxville, TN
  • Licensed in Tennessee

A: This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.

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