(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
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
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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... View More
This is what we are being told. This property is less then 2 acres. There was previously a house on it which caught fire and is not salvageable. At one point we were told the grandmother left the property and all on it to a grandchild. The power of attorney is trying to selling it as an individual,... View More
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answered on Nov 1, 2023
That conveyance would not be enforceable. Hire an attorney to search the title and determine ownership. Seller needs their own attorney to get Court authorization for sale of property of a minor. POA means nothing.
Drive way is plated
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answered on Oct 31, 2023
You have a Boundary Dispute. You will need a good attorney to search both titles and file suit in Chancery. The surveyor of the plat will have to be your witness.
The opposing party in a Probate case claims they have made contributions to property taxes for the last 20 years. I was able to provide a recorded conversation between myself and the party, in which the party admitted that they withdrew their help/contributions 27 years ago. I always thought that... View More
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answered on Oct 26, 2023
Your lawyer needs to object to the Clerk& Master's Report or appeal the Chancellor's ruling. This assumes that the property taxes were in sufficient amounts that it affects the Estate's other beneficiaries. Your recording may not have the legal impact on the Probate Case... View More
Several years ago my father and my stepmother made a will that the property and house goes to her 9 kids. She had the 9 children from past marriage and my dad has me from past marriage too. No children was born into their marriage. My stepmother left me out the will and I feel like I supposed sign... View More
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answered on Oct 22, 2023
I hate to be the bearer of bad news but a will does not require the consent or sign off of anybody but the maker of the will. Your consent to this arrangement was not required.
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answered on Oct 18, 2023
Hire a competent attorney to search the title and examine the documents.
My wife's uncle told us that we could do whatever we want with a piece of property and put us a home on it. I do A LOT of work on the property. And then my wife was told that he was informed that he had already told someone else that they could have the property. Is there anything I can do... View More
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answered on Oct 6, 2023
You set yourself up for this to happen, and as always, it did. A good lawyer might file an equitable action in Chancery for a lien for the benefit conferred. If there was any kind of contract, then a mechanic's lien might be filed, but you must also be ready to sue for enforcement a few... View More
Buyer and seller reached a written agreement. Financing and all other contingencies had been removed. The day before closing, buyer said he had simply changed his mind and refused to close. Property went back on the market. Had selling agent earned his fee?
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answered on Oct 3, 2023
Typically, the terms of the listing agreement between the seller and the agent dictate when a commission is earned. Many listing agreements state that a commission is earned if the agent produces a ready, willing, and able buyer, even if the sale doesn't close due to no fault of the agent. If... View More
Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More
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answered on Oct 4, 2023
Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.
We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.
We have a deeded easement ingress
Egress
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answered on Sep 26, 2023
No law governs the with or gating of easements. If you put a gate across it, other row users may be offended and sue for their ingress/egress rights. Usually you want all users to have access: that is keys, codes, etc. Terminating or overburdening the easement is usually what a suit in... View More
2 of the 4 guarantors on a commercial lease broke the lease and paid to terminate without the signature or approval of the 2 other guarantors. They (the 2 who signed) are now suing for full recovery after paying to terminate. In the termination agreement, it states “ Tenant represents that it... View More
answered on Sep 26, 2023
In the absence of an agreement to the contrary, a guarantor is not required to get the permission of another co-guarantor to negotiate and execute a release of his guarantee with the landlord.
Can the life tenant alone grant hunting rights in a joint ownership or do both parties have to agree?
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answered on Sep 18, 2023
If the remainderman is smart, he will require his okay also. Legally the life tenant can give a license, but it may make the remainderman upset, which could cause problems. The life tenant is advised not to give a license without the remainderman's consent.
They installed a driveway and a culvert under their driveway directing all water flow, mud , rock, etc. from their upper lot of 6 acres onto my land. Had they installed the culvert a mere 6 feet higher the flow of water and debris would have washed onto their own property. In years of owning our... View More
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answered on Sep 14, 2023
That is a 3 year SOL for a property tort. You will need an engineering expert and contractors as witnesses to prove damages and the cause of action. Also a good lawyer. It has alot to do with how valuable your land is, as even a judgment for you will probably be appealed. A boundary line... View More
My brother, my mother and myself live in separate homes, but on the same property ran by the same landlord. My landlord is having a dispute with my brother and is stating he will be evicting myself and my mother as well as my brother to ensure my brother stays off the property. After calling him... View More
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answered on Sep 14, 2023
Basically yes... However owner must file and serve a Detainer Warrant for possession. He then gets a Judgment, and after 10 days you are still there, execution by the Sheriff of a Writ of Possession occurs.
One of the original signing tenants are not available to sign.
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answered on Sep 1, 2023
You will need to hire a competent TN attorney that knows real property litigation, not a title co. Almost surely signatures will again be required by all necessary parties. If they are not available, the title may be clouded or void permanently. A Quiet Title Action may be necessary with... View More
The penalty is 375 dollars because I did not supply them with a copy of my tenants lease agreement and 200 dollars processing annually. I was not aware of this. I do not remember this being a rule when I lived there. It has been 4 years since I started renting the place and I live 3 hours away.... View More
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answered on Aug 31, 2023
More than likely there will not be a Court case until the HOA sues against the condo to execute the Lien. Those charges will be converted into a Lien against your property, and will be placed of record. Hire an attorney to search the title, read the Master Deed, etc., and advise you of your... View More
Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented
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answered on Aug 31, 2023
What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.
If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.
I was thinking of placing a simple suspended chain barrier across my driveway to limit access. If it is possible, how far must it be from the roadway?
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answered on Aug 30, 2023
If it is on your own property, and noone else has a joint easement there, you should have no problem. If fire or emts complain, I would ignore them. You might call McKenzie City and ask if there are any relevant municipal codes that apply.
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