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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is there a TN statute or citation that states the hierarchy of governing documents for a homeowners association?
Anthony M. Avery
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answered on Jan 26, 2024

TN Statute on Horizontal Property Regime has all there is on HOAs. I doubt it will answer your question though.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: My grandmother put my mom on the deed for ownership its states to her and her heirs. My mother passed recently and she's

Saying she needs me to sign something back to her. Is that me signing my rights to property away?

James L. Arrasmith
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answered on Jan 22, 2024

If the deed to the property states that it is owned by your mother "and her heirs," and your mother has recently passed away, then her share of the property would typically pass to her heirs, which likely includes you. If your grandmother is asking you to sign something, it's... View More

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1 Answer | Asked in Elder Law, Estate Planning, Land Use & Zoning and Real Estate Law for Tennessee on
Q: For nursing home care will Medicaid look at the purchase of two plots of land individually or together for FMV?

I am purchasing two plots of land from grandfather. Each plot has a tax assessed value of roughly $22,500, totaling $45,000. My family is using this number to determine fair market value. I have purchased one plot already with a $35000 mortgage loan to secure better interest rate and terms. My... View More

Nina Whitehurst
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answered on Jan 14, 2024

Your question is very astute. I assume that you are concerned about this from your grandfather's perspective rather than your own, though you did not say one way or the other. The chances are good that Tenncare will look at this as two separate transactions because it sounds like they are... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it possible to get a real estate attorney at no cost to represent a disabled, low income individual in Tennessee?

My signature was forged on a quitclaim deed.

Anthony M. Avery
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answered on Jan 3, 2024

No competent real property litigator would take such a difficult case for free. You will have to hire an attorney as it will be a hard case to win in Chancery.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Tennessee, a warranty deed in 1997 a bf/gf listed as tenants in common with rights of surv then heirs only 1 signature??

my mother (i was only 11) i was told SHE bought a mobile home and some property, we moved into said home few months later i am woken to her bf whom moved into home with us to call my nanny and tell her my mom is being taken to the er by ambulance but he said to the Fayetteville er not Tullahoma er... View More

James L. Arrasmith
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answered on Dec 26, 2023

In Tennessee, when a property is owned as tenants in common with rights of survivorship, it means that upon the death of one owner, their share typically passes to the surviving owner(s). However, the specific language in your mother's deed stating "tenants in common with rights of... View More

1 Answer | Asked in Real Estate Law and Juvenile Law for Tennessee on
Q: Can HOA ban a 16 year old from their home under suspension of theft on the complex
James L. Arrasmith
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answered on Jan 13, 2024

In Tennessee, an HOA generally has the authority to enforce rules and regulations within the community. However, banning a 16-year-old from their home due to suspension for theft may require careful consideration of the HOA's bylaws and state laws. It's important to review the specific... View More

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Balloon pmt due on mortgage the day owner passes away.No will, no one on loan or deed, how long before foreclose?
Anthony M. Avery
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answered on Dec 18, 2023

Read the recorded Deed of Trust, and a copy of the Note if available. Usually acceleration occurs, then default. Then three foreclosure notices in the paper before the Courthouse door sale. Usually anywhere from 45 days to 4 months.

1 Answer | Asked in Criminal Law, Personal Injury, Real Estate Law and Traffic Tickets for Tennessee on
Q: Can a cop demand to see your id(my DL is rev)bc I ran out of gas and walking?arrest you for being rev?and search my car?

I was nowhere near the vehicle! Hours later a mile and a half up the road

Anthony M. Avery
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answered on Dec 18, 2023

You could file a Motion To Suppress Evidence, but if LEO had any plausible reason to think you were driving, it will be denied.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Our mother is in her last stage of Alzheimer. Her house is paid for what should we do?

Is six of us, one of the siblings want it, how do we go about it before my mother transition?

Anthony M. Avery
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answered on Dec 15, 2023

That question cannot be answered here. Consult with a competent attorney. Probably one of you will have to pay for representation, yet the others get the benefits.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm purchasing a home that has a deck with hazards. Seller doesn't want to fix it & we don't want to proceed. Is it lega

Incomplete deck with no proper railings at 4 step staircase. Other side of deck has an 11' drop instead of steps. Deck not enclosed. It's around an above ground pool. We were told seller didn't need permits. So it appears the deck was built after the house was built but has hazards... View More

Anthony M. Avery
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answered on Dec 11, 2023

Read your purchase contract. If you do not go through with the transfer, then most likely you lose the earnest money. It is doubtful about any other consequences.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am on an HOA board that has 4 members. If there is a tie vote, how is the tie broken?
Anthony M. Avery
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answered on Nov 24, 2023

If the recorded Restrictions and/or Master Deed do not address such a vote, a Declaratory Judgment Action may be necessary in Chancery.

1 Answer | Asked in Real Estate Law, Business Formation and Business Law for Tennessee on
Q: Is it possible to purchase 99% of the shares of an LLC while keeping the original owner on as a non-equity/no-owner?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Nov 16, 2023

A limited liability company has members and membership interests. Yes, you can purchase 99% of the interest in the LLC - but if you are leaving one percent- is that for the old owner- so they would be one percent equity owner? This sounds like a structure of membership issue. It may be... View More

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it essential to declare the suicide of a person in the house( many years before )to the recent buyer by house owner

We own a house. Unfortunately a tenant committed suicide there.Then it was on rent for 8 years.Now we want to sell the house .is it a offense, not telling the fact about suicide happened before to the buyer?

James L. Arrasmith
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answered on Nov 17, 2023

In Tennessee, the law does not typically require sellers to disclose deaths, including suicides, that occurred on a property. The state's real estate disclosure laws focus mainly on material defects affecting the property's physical condition or value.

Since a past suicide is...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I have 10 acres of land I've had an easement for years it's the only way I can way I can get to my land.My grandma owned

The land I crossed to get to mine she left it to my cousins who are now trying to sale it can I keep my easement when they sale the land I have to cross about 25 feet of there land its the only way I can get to my land.

Anthony M. Avery
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answered on Nov 15, 2023

That is probably an Easement By Implication. But unless Grandmother put down an express easement in the others' chains of titles, or there is a recorded subdivision plat, you will have to go to Chancery to have it declared in force if the other adjoining landowners cut you off.

1 Answer | Asked in Real Estate Law and Construction Law for Tennessee on
Q: I bought a home in Tennessee closed on September 29 2021. The home inspector lied about cracks in foundation.

The Retailor suggested the home inspector company Chattanooga Home Inspector. Now I am finding multiple foundation cracks that were DYI sealed.

Anthony M. Avery
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answered on Nov 13, 2023

Did seller give you a residential disclosure statement? Read it verbatim and see what it says about the foundation. 1 year SOL from fraudulent execution of statement. Hopefully agent signed it also, for an additional defendant. But you will need to track down seller: location; bank; job.... View More

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Property belongs to my dad & his brother am in that from last 45 yrs now thy caliming aft his death it will go legally?

Thy never come and ask in this 45 years now his wife and son started asking we don't want to give we are to pay thy want only property share so how to handle

James L. Arrasmith
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answered on Nov 18, 2023

In Tennessee, if the property belongs to your father and his brother, it's crucial to understand how the property is titled and whether there's a will or estate plan in place. If the property was owned jointly with rights of survivorship, it would automatically pass to the surviving owner... View More

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1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Tenncare request for release

Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More

Nina Whitehurst
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answered on Nov 8, 2023

If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: I am a Homeowner in Tennessee, I want to rent my home out to buy a 2nd property but my HOA prohibits renters- can I sue?

Hoa docs are 15 years old.

Anthony M. Avery
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answered on Nov 13, 2023

You could file suit for a declaratory judgment, but the HOA will probably win.

1 Answer | Asked in Real Estate Law, Domestic Violence and Contracts for Tennessee on
Q: Can I get back down payment on a house I bought with a partner that started psychically abusing me?

(typo: *physically abusing me) I moved out a few months ago and we used a quitclaim deed to get me off the title, but I am still on the mortgage and they threatened to sue me for missed payments since I agreed to pay until the end of this year. I agreed at first out of fear but now I want to know... View More

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answered on Nov 9, 2023

Physical attack by another tenant is not a release from financial obligation on a note secured by a deed of trust. CH 7 Bankruptcy might be an option. Why did you give a deed without payment therefor? Usually the lender will foreclose on the home first, then possibly come after the... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Tenncare claim of estate

I got a letter today from Medicare for signing to see if she owned on any bills since she was in nursing home since 2020 and a copy of death certificate. I have profound hearing loss was on a disability check until I got married in 2020. My dad and her signed property over to me in 2016. Only thing... View More

Nina Whitehurst
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answered on Nov 6, 2023

It is very uncommon for any living individual to be personally liable for the debts of a deceased person. However, the creditors of a decedent may make claims against the decedent’s estate.

It is extremely uncommon, also, for a decedent to owe money to Medicare. More likely, Medicare...
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