answered on Jan 19, 2023
You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... Read more »
answered on Jan 18, 2023
No... Contract may require a certain down payment or the lender might require a certain down payment for them to also loan the remaining purchase price.
I need to know more information about how this process works.
answered on Jan 17, 2023
Specialization will not help. Hire a competent TN attorney to examine your Redemption Rights, and possibly exercise them. It will not be cheap and probably difficult. But if you want your home back, get in gear. Time is of the essence.
I'm buying land from an individual who is not buying from the deed holder but from another party who is buying it from the deed holder
answered on Jan 17, 2023
You have apparently made a contract that is void, and you know it. A title search is in order, then you may wish to make an offer to the owner. Yes, it might go through and you get title. But you might not and lose a lot of money, having almost no chance of collecting it even if you get a... Read more »
We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.
Lived together there for 2 years before getting married.... Read more »
answered on Jan 16, 2023
Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.
This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee
answered on Jan 16, 2023
From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.
Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.
answered on Jan 10, 2023
It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.
I was the buyer and bank sold home to a 3rd party 5 days before close. We were under contract with the seller.
answered on Jan 9, 2023
Yes... What are you going to do, sue for Specific Performance? I doubt you tendered payment. Such contracts mean almost nothing except for a real estate commission.
This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?
answered on Jan 1, 2023
It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »
They reside in Memphis, Tennessee.
answered on Dec 19, 2022
From your facts she had no legal right of possession. She could have stayed until served with a Detainer Warrant, but ultimately would have been run out.
My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?
answered on Dec 14, 2022
You can force a sale (or buy out) through a partition action with the courts.
"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... Read 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... Read more »
My great uncle and my grandpa owned a property jointly. My grandpa passed away years ago. My great uncle says that he will sign his share over to me. When I look up the title it says there two names on it and it also says ETAL after there names. He says most of the property is owned by him but... Read more »
answered on Nov 28, 2022
Hire an attorney to search the title, and possibly determine heirship. An Affidavit of Heirship should be sworn to by someone with knowledge, then recorded. That serves as some of your source of title besides the record Deeds. Hopefully the other owners will Deed their interests over to you, or... Read more »
Is this a scam?
answered on Nov 24, 2022
Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.
The 2nd easement says under no conditions does property line prevent me from full use and access to my property's lake frontage. Nasty neighbor has blocked both from me. What can I do.
answered on Nov 22, 2022
You will need an attorney to sue in Chancery for an Injunction against their interference with your lawful use of the Easement. A title search of both adjoining tracts should be made first. Almost no chance of money recovery. If you do nothing, you lose the row.
If their lease is due on the 1st and late on the 5th by The US post office losing their check would this constitute a breach of their lease?
answered on Nov 16, 2022
Check the terms of your lease - but typically rent is paid when you receive it. Not when the tenant puts it in the mailbox.
answered on Nov 16, 2022
If you are named as a grantee on the Deed(not the Deed of Trust), then you have no ownership. Owner can file a Detainer Warrant unless you have a spousal support Order from the Divorce Court.
My signature was forged on a quit claim deed.
answered on Nov 14, 2022
You will need an attorney to file an action to Reform a Deed for Fraud in Chancery. A Lis Pendens also is needed. It is difficult and an attorney is necessary.
We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's... Read more »
answered on Nov 9, 2022
Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are... Read more »
I asked attorney. For the rough copy. That’s when I found out he was my sons attorney only. His secretary was told to tell me there was not one. When I sat and watched him do it.
answered on Oct 24, 2022
Hire a competent attorney now. Hopefully you have not waited too long to file suit. The Deed needs to be set aside for active fraud. You might be successful despite signing it. A Notice Lis Pendens will also need to be recorded when the suit is filed. Otherwise you own nothing.
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