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Tennessee Real Estate Law Questions & Answers
Q: A town Mayor who co-owns a home with her daughter. Residence went from an R-1 to an R-3 recently, hiding public minutes.

When asking for minutes to a public meeting, they are recorded, and published on the Town's website get a variety of responses. One from the 'Mayor' states (screenshot) all minutes are on the website, searched every page that is a lie. Then on the Town's official Facebook page,... Read more »

0 Answers | Asked in Real Estate Law for Tennessee on
Q: In the state of Tennessee, is a HOA required by law to provide their annual budget report upon request to homeowners?

City of Mt. Juliet, TN

The Homeowner's Association is not responsive to requests by homeowner's.

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Hi, Question about an HOA for a small community with private roads.

Our community HOA was put into place at the very last minute by the builder (27 of 28 houses built) and we were told we had to have it because we have private roads. Is this true? And can we actually disband the HOA?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How can I purchase property in TN from deceased?

After doing Title Search, there is no heirs and the only person's name on the deed is deceased. Is the property unable to be sold until the estate of the deceased owner goes through probate? What are my options in order to purchase property?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

You will need to hire an attorney to search the Title and determine Heirship. It may not be easy. A Tax Sale may be another way to obtain the tract. But again you will need a good lawyer. You are not going to be able to do this yourself.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My father has property in Tenn. deeded heir property.I have paid the taxes for 15 yrs; can it be signed over to me only?

I am the only one that has paid property taxes but it was deeded as heir property. Since I have been the only one paying the taxes could it be signed over to me alone?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Tenants In Common cannot adversely possess against each other. And paying taxes does not bestow special rights to one of the TIC's. Hire an attorney to search the title, determine heirship and prepare a Deed for the other Heirs to transfer their interests over to you if they will. If not, a... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Tennessee on
Q: How to strip lien against one person on Tenancy by the Entirety held home?

I had a lien filed against me for a judgement against just me (not spouse). My home is held a Tenancy by The Entirety with spouse. The judgement holder tried to foreclose on my "survivorship interest", which went nowhere. Do I have to pay this to sell my house or is there some workaround?... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

You interest could possibly be executed upon. Most buyers will not take your title however. Judgment Liens are good for ten years from date of Judgment, unless extended, which happens frequently. Even it the Lien lapses, it will still be in your title unless the creditor or a court removes it.... Read more »

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does a Survivorship interest lien on my Tenancy by the Entirety held home (with my spouse) go away with sale of home?

There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.

0 Answers | Asked in Real Estate Law and Tax Law for Tennessee on
Q: How long after a redemption motion is signed by judge do they have to send the order to redeem money

I bought a tax sale home Memphis Tennessee they redeemed their property with only the motion signed by the judge for redemption how long do they have to file for delinquishing my money back from the redeemed property

0 Answers | Asked in Real Estate Law for Tennessee on
Q: Returned home from jail to b informed I was evicted. Licks changed. I've never been served a single notice.

I was renting to own and had a contract. I had lived there 4 years. Can I re enter a remain there?

0 Answers | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: My neighbor has a hackberry tree. It overhangs my concrete driveway and garage with metal roof. The tree is infested

with those aphid like bugs that eat leaves and poop all day long. Their excrement has covered about 80 sq ft of driveway and an equal amount of the standing seam roof. I asked him permission to cut the offending limbs all the way back to the tree's trunk but he would only agree to (at my... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I borrowed money from my father to buy a house. I am his only child. He does not a have a will.

What happens to this debt when he dies? He is listed on the deed as having a lien on the property.

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the... Read more »

0 Answers | Asked in Legal Malpractice, Contracts and Real Estate Law for Tennessee on
Q: What are examples of punishable attorney misconduct in tn? Malpractice is obvious but need codes and rules for tbpr?

Lawyer mishandled my case and drew it out to make more money. I have a brain injury and she took advantage of my lack of ability to manage information normally and etc. It was a real estate issue in which my deed as messed and the closing company refused to honor the established escrow agreement.... Read more »

0 Answers | Asked in Land Use & Zoning, Real Estate Law and Animal / Dog Law for Tennessee on
Q: My neighbor’s dogs bark continuously at night. I have talked to him about the issue but he does nothing.

His dogs have jumped my fence and came at my wife but he called them off before I could do anything. I have hung an ultrasonic dog silencer on my fence, but he destroyed it while I was at work and blamed it on his dog. I do not live in a city and my subdivision does not have a Home Owners... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is there a certificate of shareholders for real estate? My parents purchased land where my husband and I own 50% but the

Land is solely in my parents name. Is there a document or certificate that we can do to show proof we own 50%?

Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2021

Land is transferred by Deed, Inheritance, Will Devise, Court Decree or Adverse Possession. It appears you may not own anything, but you need a title search to be sure.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If 2 people are on a deed to property and one can not be located how do you go about selling the property

We have nailed letters to last known address with no response. What can be done? Please help

Anthony M. Avery
Anthony M. Avery answered on Dec 17, 2021

There are various ways. The most straight forward is a Partition Action, for which you need to hire a competent attorney. But first you need an attorney to perform a title search and then look for the other owner or his possible heirs. Publication Notice and a Guardian Ad Litem might apply... Read more »

1 Answer | Asked in Child Support, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: My minor child’s father passed away. If there is no will, does child support still have to be paid out of the estate?

The father had 4 children. 2 are adults now, 1 other and mine are minors. At time of death the father was still paying child support. The sister n law has been given Administratrix over the estate. I read somewhere that child support would have to still be paid up and would come out of the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2021

You need to make a claim in the probate case, and don't delay because there are very short deadlines. You should hire an attorney to help you with this.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I add my adult child to my deed/title in anyway in TN without a quit claim deed?

I am a widow who is losing her vision and my adult child will help me stay in my home

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

There are basically three types of Deeds: Quit-Claim; Warranty; and Special Warranty Deeds. To create an estate for the child, there will need to be a Deed conveyance to him.

You do not just add someone. Life Estate/Remainder Deed should be considered. It would usually be a...
Read more »

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