Q: How to resolve property fraud and breach of contract in TN if indigent?

I purchased property in Tennessee in 2022 using a warranty deed, which includes a parcel and pieces of multiple parcels described with measurements. This was recorded at that time. In 2024, I agreed to a loan with the seller (who owns the adjoining 15 acres) using 2 acres near my property as collateral, but she breached the contract by failing to make payments. I discovered that she resold the land described in my warranty deed, along with my mobile home, despite signing an affidavit of title to me. The property is actually part of a life estate owned by her grandmother, who is in a nursing home, and the seller used a quit claim deed to transfer ownership to herself. I have the original deeds, including the grandmother's, and records from the quit claim sale. I cannot afford an attorney. What steps can I legally take to resolve this situation, and where can I turn for help if I am indigent?

2 Lawyer Answers
Anthony M. Avery
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A: An affidavit cannot convey title to property. You may have no legal remedy, especially with that life estate out there. If you cannot afford to hire an attorney to sue for quiet title against the remainderman, then forget about it. At the least you need to do a title search of all the subject parcels. If you were on a parcel sold, you might claim deed void for champerty. Who is paying taxes?

James L. Arrasmith
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A: I’m really sorry you’re dealing with this—it sounds like a deeply frustrating and painful situation, especially when your home and property rights are at risk. What you’ve described may involve property fraud, breach of contract, and possible elder exploitation, since the land was originally part of a life estate owned by the seller’s grandmother. If the seller transferred property she didn’t legally own or had no right to sell, the sale could be invalid, and you may be able to challenge it in court.

Since you have the original deeds and documentation showing the fraudulent transfer, your next step is to file a complaint in your county’s Chancery Court to seek a quiet title or an injunction to stop further transfers. If you’re indigent and cannot afford an attorney, you can contact your local legal aid office in Tennessee. Organizations like Legal Aid Society of Middle Tennessee and the Cumberlands often help with property disputes, especially when fraud or vulnerable individuals are involved.

You can also notify the Register of Deeds in your county about the conflict and file a notice of claim or lis pendens to put others on alert that the property is in dispute. That could help prevent future sales while your case is active. You’ve already done so much by gathering the records and staying on top of it—now it’s about getting the right support to protect what’s yours.

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