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Tennessee Foreclosure Questions & Answers
1 Answer | Asked in Consumer Law, Foreclosure and Real Estate Law for Tennessee on
Q: I live in Tennessee. 8 years ago we had a foreclosure. Can a debt collector still come after me?
Anthony M. Avery
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answered on Aug 13, 2018

Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.

1 Answer | Asked in Foreclosure for Tennessee on
Q: Does previous owner have rights to claim personal items abandoned 2 years ago when they moved out .

We purchased a home at a foreclosure sale. The electricity has been off 5 months. and the neighbors tell us the owner moved 2 years ago. They have our number and are calling requesting items in home do they have rights to items left 2 years ago?

Anthony M. Avery
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answered on Aug 14, 2018

Yes. The Statute of Limitations on Conversion is three years. They could also sue you in General Sessions for an Action To Recover Personal Property. But I doubt any Magistrate will issue an Arrest Warrant for Theft of Property. It is basically a civil matter.

1 Answer | Asked in Foreclosure, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I am renting a home possible foreclosure and was put up for sale

if foreclosed on how long do I have before I have to vacate property? also concerning real estate agency can they come into my home to show it no matter if I am home or not?

Anthony M. Avery
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answered on Mar 21, 2018

In Tennessee any new owner from the foreclosure of the Deed of Trust will take title subject to your possession. They will have to file a Detainer Warrant against you, serve it or post it, get a judgment for possession, then after ten days, request a Writ of Possession to issue. The Sheriff... View More

1 Answer | Asked in Consumer Law, Bankruptcy and Foreclosure for Tennessee on
Q: A law firm held a lien attached to our mortgage. But the firm dissolved. Does this release us from the lien?

If yes, how do we get information necessary to document the the dissolved firm, and how do we get a release of mortgage form?

Mr. James Charles Wright
Mr. James Charles Wright
answered on Jan 24, 2018

I am intrigued as to how a law firm ended up with a lien on your home and this may impact the response. But beyond this, if the law firm legally dissolved a proper lien right would not just disappear. The rights would pass to someone- potentially even a creditor of the firm.

1 Answer | Asked in Foreclosure, Real Estate Law and Civil Litigation for Tennessee on
Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on

A mortgage company conned my mother into signing her Deed of Trust putting a lien on a piece of land she inherited from her mother's estate on 4/16/07. After my mother's passing I learned that my mother's brother never signed the quitclaim on my mother's land when it was... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 23, 2017

Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.

1 Answer | Asked in Foreclosure, Bankruptcy, Divorce and Real Estate Law for Tennessee on
Q: What can my brother in law do in regards to a foreclosure being put on his credit that he shouldn't be liable for?

My brother in law got a divorce back in December of 2013. Part of the divorce agreement was that his ex was to take his name from the note and have her's solely on there and also that he would pay her a monthly amount of 500.00 for the first six months after the divorce to go towards the... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Mar 7, 2017

Not much, really , but everyone has the right to respond to any information on his/her credit report. In other words, he has the right to tell "his side of the story" and have that response on the credit report also. This way, when a lender reads the credit report, at least they will be... View More

1 Answer | Asked in Foreclosure, Real Estate Law, Appeals / Appellate Law and Collections for Tennessee on
Q: How does a defendant recoup damages for wrongful FED? How does defendant recovery Plaintiff's bond amount paid?

I won a FED on appeal. I am the defendant. I am attempting to find out where and how much the Plaintiff's bond is and where or to whom was it paid. No one seems to know. We were wrongfully evicted and now no one including, the General Sessions and Circuit Court Clerks can tell me how or... View More

Leonard Robert Grefseng
Leonard Robert Grefseng
answered on Jan 19, 2017

I suspect the "bond" you are referring to was not for your protection, but was to secure payment of the court costs.

If there was a "bond'- it would be described in the court filings: someone would sign as a "principal" and a second person would sign as a...
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