Lawyers, Answer Questions  & Get Points Log In
Tennessee Foreclosure Questions & Answers
1 Answer | Asked in Foreclosure for Tennessee on
Q: House to be foreclosed on we go to court tomorrow will they give us time to get out no notice of foreclosure

No notice of foreclosure new mortgage company just sent foreclosure papers we had that stopped now we go to court tomorrow for the foreclosure and the house has already been sold without us knowing got no papers or anything found out from my niece will we have time to get out after we go to court... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 11, 2023

It sounds like it was foreclosed earlier and now you are in Sessions Court on a Detainer. Judge will give possession to the new owner and you will get 10 days to get out. Otherwise a Writ of Possession might be executed by the Sheriff. The foreclosure may have not been conducted correctly,... View More

1 Answer | Asked in Estate Planning, Real Estate Law and Foreclosure for Tennessee on
Q: House was forclosed on. New owner is threathing to remove personal property of an estate immediately. What can we do?

Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2023

If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure... View More

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: My house was foreclosed on. I am now being told by text from realtor that I will be evicted. What are my rights?

Working with lender and their foreclosure lawyer for loan modification or reinstatement when it was sold. Lender bought it back at sale but since a VA loan, the Secretary of VA took it before I could get cash together to pay reinstatement. Realtor apparently works for VRM, the current contractor... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 5, 2023

It sounds like a Foreclosure has occurred, but you might hire an attorney to look into it. Until you are served or posted with a Detainer Warrant, the owner has done nothing to obtain possession. Suit must be filed, served and heard by the Court. Then you will have 10 days to leave after... View More

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: Online sources state a TN homeowner has 30 days after foreclosure to vacate the home before the eviction process.

"The new owner of the home has to legally evict the original homeowners or the tenants who stay in the home after the 90-day period expires for tenants, or the 30-day period for the homeowners."

Is this correct?

I am a senior who is having trouble finding a place to go... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 2, 2022

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... View More

1 Answer | Asked in Foreclosure for Tennessee on
Q: Does TN protect consumers from liability on an unpaid balance in the event of a foreclosure?

1026 Closing Disclosure document asks the question "if your lender forecloses on this property and the foreclosure does not cover the amount of the unpaid balance on this loan, A. state law protects you from liability for the unpaid balance unless you refinance or take on any additional debt,... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 3, 2024

That closing document has no legal effect. If you sign the Note, then you can be sued for the money owed, or after foreclosure, get sued for the deficiency. If sued, you might use the disclosure as a defense, but it is not going to work.

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
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 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
PREMIUM
Nina Whitehurst pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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 Foreclosure for Tennessee on
Q: We need our house back from foreclosure in Tn sold in August to a realtor and we didn’t know about it

Bought in 1998 and we’re in our 60’s now and no where to go

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2023

Setting aside a foreclosure is difficult and expensive. What are your grounds?

1 Answer | Asked in Foreclosure for Tennessee on
Q: My wife left in February. Moved off. I found out I'm not on the mortgage. Getting Foreclosure letters. Can't reach her??

I really need to know my options. She drained all accounts. I live in the house. I want to stay in the house.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 27, 2023

You can try to get the lender to accept your payments on the note. Otherwise they will foreclose. If you are on the title, it will be difficult for the lender to remove you from possession. In that event hire a good lawyer to fight the Detainer.

1 Answer | Asked in Foreclosure and Banking for Tennessee on
Q: Hello, a homeowner's right to redemption in Tennessee applies unless their is a waiver in the HELOC contract? Thank you.

We are also seeking loss mitigation but in the event that fails, I want to be sure that our right to redemption legal protections will apply. I have looked over the HELOC contract and I haven't seen a waiver in regards to our right to redemption protections. Thank you so much for reading this.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 18, 2023

You will need an attorney to search the title and read the terms of all security instruments. Most likely you waived any redemption rights when you got a loan. Even if you did not, you will need to be ready to exercise such a redemption or it will be waived.

1 Answer | Asked in Foreclosure for Tennessee on
Q: How can I find out how much a foreclosure house sold for after an auction
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2023

Read the valuation clause of the recorded deed.

2 Answers | Asked in Bankruptcy, Foreclosure, Agricultural Law and Civil Rights for Tennessee on
Q: How can I find a lawyer pro bono ?

I have identity theft that has effected every thing about me and financially

White collar crime in my name that seems to have followed me from The State of Florida

Timothy Denison
Timothy Denison
answered on Sep 7, 2023

Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.

View More Answers

1 Answer | Asked in Foreclosure for Tennessee on
Q: Owner dies and still has mortgage and has renters. No contact from any

Noone said anything until found out by junk mail it's going up for forcloser auction in just couple weeks.

Isn't the tenants allowed any time to have to be out . The mortgage company doesn't know that the person on the loan has even passed . Don't they have to send... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 20, 2023

After the Foreclosure the new owner will probably start taking possession. Those tenants get a free ride for awhile but will need to be looking for a new place. They can contact the lender directly and attempt to arrange a month to month lease, but I do not recommend it.

1 Answer | Asked in Foreclosure and Real Estate Law for Tennessee on
Q: Hi how do I create motion to redeem letter
Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2023

I assume that you are trying to redeem a tax sale or an execution sale. Either way, you need an attorney to draft/send that demand letter, and to be prepared to file suit to enforce Redemption rights.

2 Answers | Asked in Bankruptcy, Consumer Law, Contracts and Foreclosure for Tennessee on
Q: Is there any way to work out with the lender the payment if I’m surrendering the vehicle ?

I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 24, 2023

You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.

View More Answers

1 Answer | Asked in Foreclosure and Real Estate Law for Tennessee on
Q: Foreclosure auction 2/8/23, property records show winning bidder used property as collateral loan doc signed 2/1/23??

Is this legal? How can property be used as collateral for a loan before he won the auction

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2023

It may be a fraud on the "secured" lender. But it is not your concern if the lender is not actually secured.

1 Answer | Asked in Foreclosure for Tennessee on
Q: What do you do if you had a will wrote to me for a home that's mortgaged. And not contacted for will reading.

And someone bought the home and evicting us February 28 2023. Same lawyer who wrote the will now represents the plaintiff who bought the home. I find this very shady. Something isn't right.

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2023

Will has no effect until testator is dead and the Will is Probated. It can always be changed or the property disposed of prior to death. Apparently you had no rights except possession, which apparently you did not exercise.

1 Answer | Asked in Foreclosure for Tennessee on
Q: Delaying foreclsoure

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... View More

Mr. John P. Fazzio III
PREMIUM
Mr. John P. Fazzio III
answered on Aug 29, 2022

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.

"Reinstating"...
View More

1 Answer | Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee on
Q: Can a lender foreclose on a homeowner with dementia?

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... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2022

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.

1 Answer | Asked in Tax Law, Foreclosure and Real Estate Law for Tennessee on
Q: In a property tax sale do all interested parties need to be notified of the county tax suit, and the tax sale itself?

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... View More

Anthony M. Avery
PREMIUM
Anthony M. Avery pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 2, 2022

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... View 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.