Mount Juliet, TN asked in Estate Planning, Real Estate Law and Foreclosure for Tennessee

Q: House was forclosed on. New owner is threathing to remove personal property of an estate immediately. What can we do?

Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once with a forclosure notice in May of 23, and refused to allow payment in full. Turned around and sold first week of June of 2023. New owner is threatening to remove property from home. Do they have to evict the estate?

Estate sale is pending in a week.... What are our rights?

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

A: If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure after note acceleration and tender which was waived. The next of kin of note/trust deed maker would have standing. Tender of payment would have to have been cash or certified funds. New owner can file a Detainer Warrant, or even clean up "trash" in home, as he owns it. The Probate did not forestall debt payments. NOK will need a competent attorney.

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