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Tennessee Real Estate Law Questions & Answers
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
Anthony M. Avery
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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.

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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

Anthony M. Avery
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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.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: In a valid 'Last Will & Testament' w/ a 'real property' that has a direct beneficiary listed, can this by-pass Probate ?

In a valid 'Last Will and Testament' there is two real properties listed to be be inherited each by name as a direct

beneficiaries to each respective property, does this still have to go thru Probate Court since the valid will clearly list each 'real property' with a... View More

Nina Whitehurst
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answered on May 16, 2024

The only answers that can be given to your questions are "maybe" and "sort of". There is no avoiding probate court when the decedent had a will that devised real property. The only question is which kind of probate. It might be a very simple court process or it might be a... View More

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Can TN new neighbor change location of my easement if I have easement deed?
Anthony M. Avery
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answered on May 13, 2024

Not without your permanent agreement. But he can try to terminate the easement or file a declaratory judgment action on it. Having an easement in your chain of title is worthless as it must be in the servient estate's title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was taken by my lien holder. I lived there for 20 yrs. I'm in Tennessee, how do i claim surplus money for the s

The property sold for 230k I owed less than 100k . This all happened July-Aug of 2023

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answered on May 9, 2024

Hire an attorney to sue the Trustee for the money. The surplus will not be as large as you think as the noteholder has all the discretion in adding up the total debt. You must sue fast, and collection of the judgment can be difficult.

1 Answer | Asked in Contracts, Real Estate Law and Appeals / Appellate Law for Tennessee on
Q: I (plaintiff) lost in GS (Maury) 5/6. I have proof that def lied on stand thus she won. How to submit proof and overturn

I brought a complaint against a woman who sold me a home with a known latent material defect (roof). She lied on the Purchase Agreement saying no known defect. We had tons of evidence, but she simply lied on the stand and convinced the judge that she was innocent. I was pre se, which was a mistake.... View More

Anthony M. Avery
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answered on May 8, 2024

Hire a competent attorney to file an Appeal De Novo to Circuit Court. That is a new trial. You only have a few days to file it, so hire an attorney tomorrow. You should have never filed such a case pro se.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Zillow listed my house on there site. My house has never been for sale. What can I do to have them removed the listing
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answered on May 9, 2024

Filing an action for an Injunction will be expensive, but would be successful. A tort damage suit would not. be. If there is a real estate agent involved, then file a complaint with the commission, which should get some results.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: The location of our well was never disclosed. It's on the next door property.

We have owned the home for four years and just recently found out our well is shared and about 120' off our property. Do we have any legal recourse against the seller?

Anthony M. Avery
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answered on May 7, 2024

More than likely there was a Residential Disclosure Statement made by the grantors. Did you read it? Even if it lied about the waster supply, the 1 year SOL has passed. You need to search your title and the title where the well is situated. There may be a breach of covenant there, but it is... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Lawyer had mother sign Life Estate deed for herself, but she didn't own the property.

My father willed the family home to me leaving my mother lifetime residency. He was the sole owner of the property. My mother's lawyer had her sign a Lifetime Estate deed for herself, but she wasn't willed the property. Everything I've read states there is a difference between... View More

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answered on May 3, 2024

Hire a TN attorney to search the title first. Unless the Will is Probated it means nothing. More than likely you are an heir. Dad's surviving spouse would be an heir also. If Mother was not a spouse, then she has no interest at all. You may need to file an Ejectment Action.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm a 3rd party interest in my house ( according to the mortgage companysince my dad passed away .

Mortgage company says they can't force me to pay it, but can still foreclose don't make enough to pay it

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answered on Apr 30, 2024

The Deed of Trust and Note appear to be enforceable. If the Note is not paid, the lender forecloses. You might want to sell the home now if there is any decent equity. Otherwise you might rent it until foreclosure. You are not personally liable on the debt.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If my father passed does his will over ride a life estate? In TN

Life estate says me and my brother are remainderman but the will issues everything to my mother. Can she do what she wants with said land?

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answered on Apr 22, 2024

Will means nothing until the testator dies and the Will Probated. It can always be changed. You might be interpreting the devises, bequests and residuary clause incorrectly. Father may want to execute a life estate/remainder deed now. If there are really the inconsistent transfers in the... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My deed includes a right of way through my neighbor’s adjoining land for the only available access to nearby public road

but has padlocked a gate blocking the right of way. What are my rights for unhindered ingress & egress?

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answered on Apr 19, 2024

Reciting a ROW in your Deed and/or chain of title means nothing. The Easement must be in the servient tenement's title. Hopefully you have an express Easement or at least by Prescription. You must hire an attorney to search both titles, and probably file suit to Declare or Enforce a ROW.... View More

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to add my wife to the title to our property here in Gallatin TN. Can I do that myself or do I need an attorney?
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answered on Apr 17, 2024

Hire a competent attorney to draft that Deed. There are several different estates that could be created, not just putting her on the Deed. Ask the lawyer for the choices, and if he does not know what to explain, go somewhere else. It should not cost more than $300. If there are any problems,... View More

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband passed away in January and his mother went and took all his belongings out of our cabin. A crime??

Me and our children are the heirs. What can I do she won't speak with me.

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answered on Apr 10, 2024

Hire a probate attorney. Get yourself appointed as executor or personal representative. Then as executor or PR sue her for the return of items stolen from the estate.

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1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Lawyer stated all interested parties were notified and they were not. Judgement has been decided. What are our options?

Relative died w/o a will. By law, there were over 10 heirs. One heir petitoned to become the adminstrator. Heirs received paperwork, that there was a hearing and the the 1 heir was made the administrator. Paperwork also states that all interested parties were notified of the hearing, but we... View More

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answered on Apr 9, 2024

What Judgment are you concerned with? Probate is a lengthy, difficult process. An Administrator was probably appointed and received Letters. Hire a TN attorney to represent you and possibly other Heirs and Next Of Kin. Alot of work has to be filed quickly by the fiduciary, and if not, a... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: We received our original mortgage documents with it stamped "PAID IN FULL" before our actual mortgage is paid off.

We spoke with the mortgage company and they didn't care. We contacted the company that sent us the deed of trust and they have still not responded to us. Is it legal for us to have this in our hands at the moment? What is the right thing we should do with this?

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answered on Apr 8, 2024

Something does not sound right. Hire an attorney to search your title and examine all instruments and debt statements. If you refinanced, then that is what has occurred to the original trust deed and note, with a new debt outstanding that is secured by a another deed of trust.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: my dad's name is on the deed to my house, along with me and my wife can my stepmother try to get a portion of the equity
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answered on Apr 8, 2024

You have not stated the exact estate. Assuming Dad is married to stepmother, if Dad dies intestate then she will be an heir at law as a tenant in common with you all of some undivided interest.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a property management company demand that I pay Liability to Landlord Insurance where I'm renting?

I received a notice saying: Liability to Landlord insurance is limited to damage to Landlord's property arising from the perils of: fire, smoke, explosion, backup or overflow of sewer, drain or sump, water damage, falling objects, riot or civil commotion.

$100K limit; coverage is per... View More

John Michael Frick
John Michael Frick
answered on Apr 5, 2024

No, unless your lease agreement obligates you to pay for such insurance, the management company cannot simply demand that you pay it. You would have to agree with your landlord that payment for such insurance is part of your obligation under your lease.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: how long for a Quick claim deed How long for an uncontested divorce with no property and no children

I have a question about property, my husband and i are getting a divorce. the property was from his mom, there is something called a Quick Claim Deed. The reason i am asking is he added my name to and now i am wanting it off. And then about a divorce uncontested

Anthony M. Avery
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answered on Apr 1, 2024

Hire an attorney to file the Divorce. If not agreed to then you must have grounds. Part of the agreement should be execution by you of the Quit Claim Deed of your interest to him.

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