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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: In Tennessee, if I lived with my grandmother, she passes, leaves the house in a trust to my mother, I’m still a tenant ?
Anthony M. Avery
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answered on Jul 26, 2024

Apparently you have not interest in the property except possession. The owner can sue you for possession.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I left with telling my slum lord, our lease expires 3 years ago . We had to leave mold holes in the floor

1. Lease expires 3 yrs ago

2. House no liveable, home health said it was not safe , water bill 280.00 every mother because of leaks

3.we left without telling him

4. We left may 6,2024 rental contact expired 5. now he sending the 10 % and the rent amount like we still live... View More

Anthony M. Avery
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answered on Jul 22, 2024

What is your question? Pay rent with a check.

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My mom died last year and my dad passed the other day I have always lived with them

My mom died last year and my dad passed the other day I have always lived with them but I live in the garage. Well dad passed with no will and before I got home from his service all dad's kinfolk had done got his safe emptied his bank account, even boarded up the place so I couldn't get... View More

Anthony M. Avery
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answered on Jul 18, 2024

You may be the sole heir and next of kin of Father. If so, you own all that property. But getting back property now is often impossible. Who is the home deeded to? You may be the owner and need an Affidavit of heirship. Hire an attorney to see who the heirs are. Probate may not be a... View More

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is there a statute of limitations on a Buyer/Homeowner suing the previous Seller/Homeowner for failure to disclose info

Information on termite or WDO infestations that may not have been treated: Are these deemed important to disclosure during home sales?

The Buyer, the current owner, has found evidence of old WDO activity with no apparent treatment in the home after removing debris, stacked boards, and other... View More

Anthony M. Avery
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answered on Jul 25, 2024

Usually a 1 year SOL to sue from date the Disclosure was executed. Defendants are anyone that signed a false disclosure, which may include others than the grantors.

0 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I'm recertifying my lease for government housing, I've been here for 8 years. This year, new manager is asking to see my

full bank statements after I have already turned in my 6 month bank estimate.

Do they have a right to see 6 months of my statements?

Can I redact what should not be important to them?

Thank you.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I recently applied for home equity loan and found 2 judgements on the title from my wife now ex wife.

They renewed the 1 judgement and is there anyway I can get this dismissed as we are not married for the last 6 years ..I also had a bankruptcy 8 years ago and kept the house and has always been in my name..

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answered on Jul 10, 2024

If your wife never owned your property then her judgment lien never attached to your title. Hire an attorney to carefully search the title. If lien is only against her, and never attached to property, than borrow money elsewhere if necessary if present lender mistakenly believes your title is... View More

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: My neighbor recently had a survey done of the property line between our houses. She became very upset when my son walked

through her yard. There are now three rebar survey markers protruding above ground about eight inches with a pink string running the length of the property. Our terrain is very sloped and I am worried that someone could injure themselves if they fell on a marker. She refuses to remove the... View More

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answered on Jul 8, 2024

No...You have a possible boundary dispute. If you agree with the monumented corners, then those are your corners also. You can put rubber caps on them if you want.

0 Answers | Asked in Real Estate Law for Tennessee on
Q: A neighbor contends the HOA is underfunded and runs a campaign based on this. She prints that as her reason to run

She has not done the research to prove this and is going by the hearsay of other neighbors that don’t have access to all the accounting information. This allegation of underfunding will cause our homes to be devalued if it gets out even if it is totally false. Is this an example of libel?

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Is it illegal to charge for remainder of lease if someone else is living there 2 weeks after we moved out

We had severe issues from day 1 the day we were supposed to move in was informed apt not ready leaving us homeless for a week it added over 2900 to moving cost . My rights as a disabled person were volated by them putting me in apt with stairs after telling them I couldn't have stairs. There... View More

0 Answers | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Is there any kind of implied warranty on renovation work on an old 1952 house in Nashville?

We bought our house less than a year ago in July 2023, and our basement was sold as "finished" square footage. It has now flooded 4 times necessitating removing the flooring and baseboards, and needing very expensive waterproofing...

In the sales contract, the... View More

1 Answer | Asked in Small Claims and Real Estate Law for Tennessee on
Q: I purchased my home over nine years ago. I had an inspection and everything he found we turn it over to the seller and

he fixed it but it was just minor stuff. I’ve had issue after issue with this house ever since especially the plumbing. Warranty company won’t pay because there’s a water house stuck in there. Don’t have a clue how it got in there and that’s probably that cause of all the plumbing issues... View More

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answered on Jun 20, 2024

Whatever residential disclosures that were made by the seller or real estate agent are way outside the SOL for suit. However a breach of contract action on your Warranty might not have run. Hire an attorney to look at your Warranty, examine your damages, and then file suit. If damages are... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What do you do when you have a signed contract for real estate purchase, and then the seller walks away?

I submitted a contract with earnest money to purchase a home. The seller went silent right before closing. My (buyers) contingencies were that HVAC leak be repaired and that boundary encroachment be resolved. The seller's contingencies was that my current home be sold so we could close early.... View More

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answered on Jun 18, 2024

Apparently the contingencies have not been cured, so the contract on its face is voided. If you paid out earnest money, ask or sue in GS for it back. With that many serious problems, you knew it would not be executed. Suing for Specific Performance would be crazy. Buy elsewhere and hire... View More

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Hi my dad has passed away he lived in Tennessee he he lived with a companion but there not married deed is on his name

Do I have rights to have deed changed in my name

Nina Whitehurst
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answered on Jun 2, 2024

The answer to your question is it depends on a lot of other things, but the bottom line is a probate attorney can help you with this. You should schedule consultation and be prepared to answer questions about whether he was still married to someone else, whether he had other children besides you,... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Landowner is mentally disabled the brother that had power of attorney died

The late brother had a verbal agreement with my uncle to stay in the home in TN while the brothers lived in FL.

The late brothers daughter wants my uncle out today no notice no eviction. She wants him gone and is even treating to call cops. What can he do he has lived in the house for 7... View More

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answered on Jun 3, 2024

Disabled Brother should try to get a lease. Otherwise at some time in the future, the heirs will file a Detainer Warrant and remove him.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Correction of deed-- what to do when the previous owner-seller is not available to sign ?

My vacant lot is in escrow and in order to close filing the correction is needed ( a legal description not complete ).

The previous owner is not able to be reached. How to proceed?

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answered on May 31, 2024

You will need to hire an attorney to cure the title defect. A title search will be required first and then the attorney can analyze how to cure the title defect. You should have known about the title problem a long time ago. Some defects cannot be cured except by lengthy time periods under... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Who files a Deed of Correction ? current property ( vacant lot ) owner or a previous one?

I have completed and recorded a warranty deed myself in Washington county,Tn ( inexpensive vacant lot) while purchasing the land. Now I am selling the lot and the property is in escrow . When preparing the deed I have put a very abbreviated legal description. The previous deed contained a full... View More

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answered on May 31, 2024

No... Deed is conveyed by the grantor only, not the grantee.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: i am a tenant in house that has been recently sold. i still have time left on my lease. who do i pay and when
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answered on May 28, 2024

You owe rentals to the new owner. Contact him and get the address for payments.

2 Answers | Asked in Tax Law and Real Estate Law for Tennessee on
Q: Can a person who has not paid there property taxes in over ten years be forced into sale of their property in Tennessee?

And the person is mentally disabled

James L. Arrasmith
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answered on May 26, 2024

In Tennessee, if a property owner fails to pay their property taxes, the county can initiate a tax sale to recover the delinquent taxes. This process is known as a tax lien sale or tax deed sale. However, there are certain protections and considerations for mentally disabled individuals.

1....
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1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Is there a work around in TN to permanently live in an rv on my own lot if land?

I live in an rv on a long term lot. I want to buy land and move the rv and live in it full time. Does removing the wheels and putting it on a foundation change it to a mobile home or still an rv

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answered on May 20, 2024

What is your question? Zoning Ordinances may affect you in some Counties, which should be checked prior to land purchase.

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