My grandmother and great aunt had a joint ownership on some land, my great aunt passed away and left a life estate for her husband with no further details as to what he can do with it. Does my grandmother have total control over the land?
Is that considered as waste?
answered on Feb 5, 2023
There is no simple one-size-fits-all answer to your question. It might be waste. It might not be waste. Sometimes cutting down trees constitutes an improvement to the property. Other times not. And improvement or not is not the only factor that must be considered.
To answer your... Read more »
I moved in my apartment complex on December 19 of 2019 each year. My lease has run from January 1 to December 31 of each year. In 2021 I renewed my lease in October for the 2022 year, I didn't receive a copy of the renewal. The tenants received letters in December Advising that in January... Read more »
Is there anything I can do
answered on Jan 31, 2023
You can report the act you have personal knowledge of to the Sheriff. Trespass and vandalism are involved, which will require the Surveyor to return and restore the monument. That corner is owned by both of you. You may wish to sue for civil damages in Sessions Court, then place a Judgment... Read more »
answered on Jan 31, 2023
Usually that is not a prohibition on the insurer. Read your contract of insurance carefully. Probably need another carrier now.
The HOA directors voted to levy a $3000 “fee” on lot owners when they apply to build a house to cover the cost of road repairs, whether they happen or not, done by construction equipment. Existing homeowners do not have to pay this “fee” with road repairs caused by construction equipment to... Read more »
answered on Jan 19, 2023
You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... Read more »
I purchased a home at the courthouse steps for a really good deal. About a week later I received a call from the Trustee saying that they are rescinding the sale. They overnighted me a check in the amount I paid for the home at the time of the auction. When I spoke to the trustee I was confused... Read more »
answered on Jan 18, 2023
No... Contract may require a certain down payment or the lender might require a certain down payment for them to also loan the remaining purchase price.
I need to know more information about how this process works.
answered on Jan 17, 2023
Specialization will not help. Hire a competent TN attorney to examine your Redemption Rights, and possibly exercise them. It will not be cheap and probably difficult. But if you want your home back, get in gear. Time is of the essence.
Can the pastor’s family profit financially from the sale of the church building & property? What are the members’ rights for continuation as a church?
Evidently, no one wants to touch this question.
I'm buying land from an individual who is not buying from the deed holder but from another party who is buying it from the deed holder
answered on Jan 17, 2023
You have apparently made a contract that is void, and you know it. A title search is in order, then you may wish to make an offer to the owner. Yes, it might go through and you get title. But you might not and lose a lot of money, having almost no chance of collecting it even if you get a... Read more »
This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee
answered on Jan 16, 2023
From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.
We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.
Lived together there for 2 years before getting married.... Read more »
answered on Jan 16, 2023
Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.
We recently received notice for a planning meeting for a proposed large master development that will back up to the back of our property. The development is probably inside city limits. What are my options? What should I be concerned about?
I'm paying off my mother's reverse mortgage loan with $246k cash and then she wants to transfer ownership of her home to me via a Quitclaim deed (Anderson County, TN).
1) Would we use $0 as the transfer value of the property or the amount I paid to the reverse mortgage company?... Read more »
Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.
answered on Jan 10, 2023
It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.
I was the buyer and bank sold home to a 3rd party 5 days before close. We were under contract with the seller.
answered on Jan 9, 2023
Yes... What are you going to do, sue for Specific Performance? I doubt you tendered payment. Such contracts mean almost nothing except for a real estate commission.
This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?
answered on Jan 1, 2023
It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »
They reside in Memphis, Tennessee.
answered on Dec 19, 2022
From your facts she had no legal right of possession. She could have stayed until served with a Detainer Warrant, but ultimately would have been run out.
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