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Tennessee Foreclosure Questions & Answers
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... Read more »

Mr. John P. Fazzio III Esq.
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Mr. John P. Fazzio III Esq.
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"...
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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... Read more »

Anthony M. Avery
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Anthony M. Avery
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... Read more »

Anthony M. Avery
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Anthony M. Avery
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... 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
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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 Foreclosure for Tennessee on
Q: Once a house is sold in foreclosure, how long do you have to vacate the home?
Anthony M. Avery
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Anthony M. Avery
answered on Nov 1, 2021

Usually the Deed of Trust says you are month to month tenant owing rent. The new owner will file a Detainer Warrant to recover possession, which will take a month to three months to complete.

2 Answers | Asked in Foreclosure for Tennessee on
Q: How can I obtain information on my home that was foreclosure. I need to know who was paid from the sale how much

None

Anthony M. Avery
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Anthony M. Avery
answered on Sep 7, 2021

Contact the trustee that conducted the sale. He will be the grantor in the deed to the highest bidder. Suing for a surplus is difficult but possible, usually on large land tracts.

But that might be the only way to get the trustee's attention.

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1 Answer | Asked in Foreclosure and Personal Injury for Tennessee on
Q: Can I still sue after a year of an injury that's gonna last the rest of my life?

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 »

Peter N. Munsing
Peter N. Munsing
answered on Jun 1, 2021

Looks to me like the statute of limitations in Tennessee is one year. If it is over a year you can't proceed. Contact attorneys who handle "police misconduct." You need exact dates.

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Can we have the house transferred to us since we pay all of the bills including taxes and fixed holes in the walls ect

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 »

Anthony M. Avery
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Anthony M. Avery
answered on Feb 16, 2021

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 »

2 Answers | Asked in Bankruptcy, Contracts and Foreclosure for Tennessee on
Q: I live in Tennessee, can my landlord show the house to buyers during the covid pandemic and while I’m currentlypregnant

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 »

Anthony M. Avery
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Anthony M. Avery
answered on Jan 4, 2021

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.

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1 Answer | Asked in Foreclosure, Real Estate Law and Collections for Tennessee on
Q: Which path would be better ?

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.

Would it be better to Ask for... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 18, 2020

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 »

1 Answer | Asked in Estate Planning, Foreclosure and Probate for Tennessee on
Q: Family member passed away with written Will left house with mortgage to my mother

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 »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 11, 2020

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.

1 Answer | Asked in Foreclosure for Tennessee on
Q: How long does a tennessee resident have to claim excess proceeds on a foreclosed home?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 14, 2020

I have always treated that as a 3 year SOL, because you sue for Conversion and Tortious Breach of Fiduciary Duty. A 6 year Contract Breach SOL is doubtful but might be argued.

1 Answer | Asked in Foreclosure for Tennessee on
Q: Can a hoa foreclose on my home for not paying monthly fees?
Paul E. Tennison
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Paul E. Tennison
answered on Jul 8, 2020

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 »

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

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 »

Nina Whitehurst
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Nina Whitehurst
answered on Mar 15, 2020

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.

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1 Answer | Asked in Bankruptcy, Foreclosure, Civil Rights and Landlord - Tenant for Tennessee on
Q: I sign for 11 months and within two month of living here they said they send a letter saying if we don’t fix the problem

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

Timothy Denison
Timothy Denison
answered on Oct 16, 2019

No. Not as long as the rent is paid.

1 Answer | Asked in Foreclosure for Tennessee on
Q: Can they not give us the 3 weeks to get our stuff legally since the house is now theirs

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

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Aug 8, 2019

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 »

1 Answer | Asked in Foreclosure for Tennessee on
Q: Unwanted solicitation by bail bondsman with a person of diminished mental capacity resulting in a lien on property.
Bennett James Wills
Bennett James Wills
answered on Jun 24, 2019

Your question is unclear. Consult with a local attorney to see if you can get help with the lien.

1 Answer | Asked in Consumer Law, Foreclosure and Collections for Tennessee on
Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?

Foreclosed Oct 2013. Am I protected by Tenn. Code Ann. § 35-5-118? 2 years vs 6 years?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 13, 2019

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 »

2 Answers | Asked in Foreclosure and Real Estate Law for Tennessee on
Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.

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 »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Feb 6, 2019

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 »

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