Not at all unless your foreclosed Deed of Trust has such a term, which is almost never. New owner may have to file a Detainer Warrant against you, serve/post it, get a Judgment for Possession, then have a Writ executed by the Sheriff if you do not get out in 10 days from Judgment. Usually takes...Read more »
Sibling in TN is has dementia. Somehow quit paying her Home Loan. She owes ~$20K Balance on Loan, House Value ~$200K. House is set to go to auciton Sept. 20. I got power of attorney, and contacted the Collection Agency. The account is $3,600 in arrears (amount provided by the Debt Collection... Read more »
Tennessee law provides a right to reinstate and cure default before sale. You may be hitting a roadblock in that the bank is playing games by not recognizing the Power of Attorney, such that you may need to make a motion and bring the reinstatement before a judge.
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... Read more »
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
The property was purchased on the greenbelt in the 90’s, last year while cutting timber on said property, police showed up and told me I need to stop cutting because I didn’t own the property. Apparently 7 years ago the property was taken off of the greenbelt clause making me delinquent on the... Read more »
There is a lot more to this than simply getting notice of Delinquent Taxes. Hire a competent attorney to search the Title. The Redemption period is probably past, but the alleged owner may only have a Bill of Sale, not a Deed. An Ejectment Action may be possible. The legal description should...Read more »
3 officers slammed me down in the yard of the home we Were evicted from. While 2 put there knees in my back one reached around them and grabbed me by the back of my neck, squzz and just held as tightly as he could as if trying to strangle me from behind now my neck aches a lot it pops n creeks and... Read more »
We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... Read more »
If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract...Read more »
My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... Read more »
Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.
I have a Judgement, just placed a lein on the debtors property. I have a copy of the warranty deed signed over to only the debtor in December of last year. Also I have the TN realestate assessment data with value and descriptions of buildings on that property.
You can request the Clerk issue the Levy, but it will probably cost some money. Your Lien is good 10 years from judgment date, unless extended. The Judgment (certified copy) should be filed in Register's Office where the property lies, so it will then be a Judgment Lien. The Debtor may...Read more »
The problem I’m facing the house became delinquent I had the money to make the payment but the bank would not accept the payment saying they have to have paperwork saying that I am the executor of the Estate i’m worried that I can’t get this taken care of in a timely manner before my house... Read more »
Your facts do not make sense. But if you started a Probate, which may have not been necessary, then you should be getting your Letters Testamentary from Probate Court. Call the Court today. This will be your authority to act on behalf of the Estate. Insurance and Taxes have to be paid also.
That depends on the specific language in the HOA bylaws and other legal documents. I cannot answer this question in your case because I haven't read all the HOA documents that apply. However, I can tell you that in my experience, HOA's can do all sorts of things to homeowners that do not...Read more »
I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »
You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.
Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint
The house I lived in has been foreclosed on and now sold ,the attorney requested 3 weeks for us to get our stuff and the new owner said yes now they are talking about we can’t stay there in order to get our stuff and shortening the time
You need to leave as soon as possible. But the owner cannot obtain possession without a Detainer Warrant. It must be filed, served or posted, then a Judgment For Possession goes down in Court. If you are not out in 10 days, then the Owner gets the Sheriff to physically remove you with a Writ of...Read more »
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not...Read more »
My parents let a TN property go since they cannot afford it anymore. The bank is threatening to sue them if they do not pay the difference from a cash offer they have for a short sale. My parents have no money anymore to pay this.
The other options was to pay them monthly for the next 10... Read more »
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should...Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.