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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: I am buying in Tennessee and have not signed a contract.

I am buying a rent-to-own home in TN. I have not signed a contract. Can I be charged a late fee, for first late payment?

Anthony M. Avery
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Anthony M. Avery
answered on Apr 7, 2022

You may want to rethink this transaction. The landlord will probably keep whatever money you pay him and file a Detainer Warrant.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I’m going to buy a property but i want to be single owner not sharing with my husband What should I do??
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

There are several methods. You can simply have it transferred to you individually, possibly saying you are married. But if he lives there he might have Homstead Rights. If it is very valuable property, you could form a corporation to hold it. There could be many different Family interests... Read more »

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: A house included in Estate Money owed to bank so it was auctioned off.

estate is now being held up because of lawsuit.

house sold auction, 260,000. only 11,000 owed

that money goes into estate.

what can be done, if anything

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 28, 2022

The Estate Fiduciary has to file suit against the Trustee that conducted the Sale for the Surplus. Breach of Fiduciary Duty and Conversion, and maybe others.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have property that is fixing to be put in my name and was wanting to know how it will effect my disability

I haven’t been to court yet but it’s coming up

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 28, 2022

It could disqualify you. Talk to your SS attorney now, then conduct the conveyance accordingly.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My mother passed one year ago but two months before her death she quick deed her house to my sister sailing the home

There is no will can she evict us

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 16, 2022

If the Sister is the owner, then she can file a Detainer Warrant against any other non-owner occupant.

As the Son, you might want to search the property's Title at the Register's Office and determine Title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What can i do to get my 70 year old brother to move out of my house that was basically left to me when she passed in '21

The Will stated that I could live in the house as long as I desire but if I sell the house the money I get would be divided 4 ways between me and my 3 siblings. At the time the will was written my brother was off the grid. He came back 3 years later, My mom being elderly could not bring herself to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 16, 2022

An agreed sale and deed are probably your only option besides hiring an attorney to prosecute an action for a Sale for Partition. There the Heirs At Law will split the net proceeds of the Sale. You cannot file a Detainer Warrant against another Tennant In Common.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Sudividing paritition.1 lot (3,97) into2 tracts house on each par.deed recorded ,which metes bound are the legal descr

Description 3,97 or the 1.50 and 2.47 both done by surveys 1st unrecorded but state on warranty deed 2nd was recorded with in parity on deed which is legal

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 14, 2022

What is your question? There may be mistakes, but how does it affect you?

2 Answers | Asked in Criminal Law, Real Estate Law, Elder Law and Probate for Tennessee on
Q: Can a warranty deed have paragraphs that don’t line up and copy lines

Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property

Richard W. Noel
Richard W. Noel
answered on Mar 8, 2022

if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was purchased 13 years before marriage. I owe less than 5K. Is spousal signature required at closing of a HELOC

My home was purchased in 2016. My wife and I married in 2016. Her name is not on the deed and the mortgage is paid from my personal bank account. With less than $5000 remaining on the mortgage, I've been approved for a HELOC. However, the bank is requiring my wife's signature on the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 9, 2022

If the lender demands the spouse's obligation on the Note, then that is their prerogative. You may have to borrow somewhere else.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Are Land Sale Contracts/Contracts for Deed/Real Estate Contracts legal and enforceable in Tennessee?

I am looking at acquiring the seller's interest in a Installment Land Sale Contract on property in TN. I've bought in other states, but not sure if they are used in TN and as such are they enforceable in TN? Is a judicial foreclosure required? Thank you

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 4, 2022

A Contract For A Deed is just a Lease With Option To Purchase. Most "buyers" have Detainer Warrants filed on them way before they get close to exercising their option. The landowner has all the leverage here. And often the landowner will be foreclosed on, have a tax sale, etc.,... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can my dad sign over property that he signed over in a quit claim deed to my mom, but she never filed it with the county

My mother and father divorced in 2010. Father quit claimed the house to my mother to remove his name. It was never filed with the county clerk and the house is still in both of their names. My mother passed away last month and my father says he can’t deed it to me solely because he says their... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

Not sure what the City Clerk has to do with this. But if he is the owner, probably as the Surviving

Tenant By The Entirety, then he can convey title. There may be a possible challenge by the Estate, but that is doubtful and does not prevent the conveyance now. It does not sound like...
Read more »

1 Answer | Asked in Criminal Law, Real Estate Law and Landlord - Tenant for Tennessee on
Q: If owner of property takes away granted permission to be on said property, and tells to vacate and persons do not leave
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 2, 2022

The owner will have to file and prosecute a Detainer Warrant in General Sessions.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Am I responsible for past due HOA fees accrued by in laws?

When my husband's parents passed away last year, we inherited their home. About a month later, we got a note from the HOA that they hadn't paid most of the time, about $1280 worth. Now that our name is on the deed, are we responsible for that past due amount? I've looked through the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 24, 2022

HOA dues are a lien against the property, not the owners. If not paid, foreclosure occurs whether you bought or inherited the condo.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I pay full dues/fees but get none of the amenities others get (gated security, private rd) unfair, breach of fiduciary?

How to get HOA to reduce/eliminate dues (330/yr) for residents not benefiting from any HOA amenities (security gates, private roads) since my house is outside that area. I must use Co. road and no security gates provided. Is this a breach of fiduciary services because I get no amenities that the... Read more »

Bennett James Wills
Bennett James Wills
answered on Feb 22, 2022

You would be wise to have an attorney review the HOA bylaws and CCRs. Something seems off that you're being assessed HOA fees without the benefit of receiving services.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am currently living in a residence. Been living here for 3yrs. Never signed a lease. How many days do I have to leave?

My landlord just wanted someone staying in his home. Recently was going to sell me the house, now changed his mind. During that time he told me to not pay rent for 2 months and save money to buy the house. When I asked the rent amount (my roommate paid rent I didn’t & he’s now moved out) he... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 21, 2022

A Detainer Warrant has to be filed and served or posted. Court awards possession to owner, and if you are not out in 10 days, the owner gets a Writ of possession to be executed by the Sheriff.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My Mom died. Her land was held in an irrevocable sp. needs trust and I am sole heir. What do I need to do re: the deed?

My cousin is the Trustee and I have been in prison for a few years and don't know if there's a will or what to do. Advice would be greatly appreciated.

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Feb 19, 2022

Your question cannot be answered without reviewing the trust and the deed, but chances are there is not a whole lot that needs to be done with respect to the titling of the property. The wonderful thing about holding land in a trust is when the settlor passes no probate is necessary.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can seller's agent/broker sue for his commission if we cancel real estate contract?

Waived appraisal contingency and appraisal came in @ $40K under contract price. Seller not willing to negotiate. Their agent is threatening to sue for his commission? I understand I stand to loose my earnest money but does agent/broker have standing to sue if they re-list property and sell it?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 17, 2022

I assume you are the buyer, and that you have read the purchase contract verbatim. If so the realtor can sue both Parties for his commission most of the time. That earnest money is usually funds that the buyer will never recover, and that is usually the extent of your practical liability. If... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: bought large lot. after closing found out that 25% of the property is Utility easement. Statute of Limitations?

Easement is for High Voltage Transmission Electrical lines.

Easement was not disclosed by the seller. Seller was aware as it was later found on his deed with title work. Easement was on the title work, but its existence or the actual title work was not shared with us by the closing... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 9, 2022

Did a title company or the closing attorney communicate with you about the title? If so, then a possible case of negligent misrepresentation might lie for a specific lie, but still a weak case. It is very doubtful as apparently noone represented you, and you did not check out anything. If... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Tennessee on
Q: When a judgment is awarded in favor of the Plaintiff; How long before Writ of Possession can be executed? Same day?

The Plaintiff (Landlord) won the Detainer Warrant hearing by default as I could not appear due to my being hospitalized the night before the Hearing at 9 am. (However, I had no real defense, I was behind and had no way to come up with what I owed; 2 months rent, so I was expecting to lose at the... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 8, 2022

If you are still in possession ten days after the Judgment, then the landlord can ask for a

Writ of Possession to issue. Usually the Sheriff will contact you to leave prior to force, but it is not required. Not going to Court probably forfeited your Security Deposit which you did not...
Read more »

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: If you agree in an email to an offered amount. without any mention of negotiations. Is this binding?

In an real estate deal from one or multiple heirs to another heir

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 28, 2022

Are you wanting to enforce the agreement? If so, it will be difficult. If not, it is doubtful anyone will try to enforce it. Statute of Frauds may prevent it, and I doubt a tender was made on a date certain.

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