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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: In Tennessee, can an individual act as a lender in issuing a mortgage and if so are there any limitations?

someone is offering to purchase a house for me, where I in turn would pay them the mortgage plus taxes and insurance at an additional 5 % interest rate.

Anthony M. Avery
Anthony M. Avery answered on Jan 26, 2022

Not sure of your question. Anyone can be the payee on a Note secured by a Deed of Trust. It appears that you may need the services of a competent TN attorney that will put it all together. You need an attorney that will represent you.

1 Answer | Asked in Consumer Law and Real Estate Law for Tennessee on
Q: Does a Survivorship interest lien on my Tenancy by the Entirety held home (with my spouse) go away with sale of home?

There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 24, 2022

No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How can I purchase property in TN from deceased?

After doing Title Search, there is no heirs and the only person's name on the deed is deceased. Is the property unable to be sold until the estate of the deceased owner goes through probate? What are my options in order to purchase property?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

You will need to hire an attorney to search the Title and determine Heirship. It may not be easy. A Tax Sale may be another way to obtain the tract. But again you will need a good lawyer. You are not going to be able to do this yourself.

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: Property in TN, both owners are deceased. Can the only living decedent of one of the property owners Warranty Deed it?

Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My father has property in Tenn. deeded heir property.I have paid the taxes for 15 yrs; can it be signed over to me only?

I am the only one that has paid property taxes but it was deeded as heir property. Since I have been the only one paying the taxes could it be signed over to me alone?

Anthony M. Avery
Anthony M. Avery answered on Jan 19, 2022

Tenants In Common cannot adversely possess against each other. And paying taxes does not bestow special rights to one of the TIC's. Hire an attorney to search the title, determine heirship and prepare a Deed for the other Heirs to transfer their interests over to you if they will. If not, a... Read more »

1 Answer | Asked in Civil Litigation and Real Estate Law for Tennessee on
Q: How to strip lien against one person on Tenancy by the Entirety held home?

I had a lien filed against me for a judgement against just me (not spouse). My home is held a Tenancy by The Entirety with spouse. The judgement holder tried to foreclose on my "survivorship interest", which went nowhere. Do I have to pay this to sell my house or is there some workaround?... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jan 18, 2022

You interest could possibly be executed upon. Most buyers will not take your title however. Judgment Liens are good for ten years from date of Judgment, unless extended, which happens frequently. Even it the Lien lapses, it will still be in your title unless the creditor or a court removes it.... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I borrowed money from my father to buy a house. I am his only child. He does not a have a will.

What happens to this debt when he dies? He is listed on the deed as having a lien on the property.

Anthony M. Avery
Anthony M. Avery answered on Jan 5, 2022

I do not understand that there is a lien in the deed language. Vendor's Liens have not been used for over 80 years. You are probably an heir if not the sole heir. If the sole heir, you also own the debt against your property, if it actually exists. Hire a competent attorney to search the... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is there a certificate of shareholders for real estate? My parents purchased land where my husband and I own 50% but the

Land is solely in my parents name. Is there a document or certificate that we can do to show proof we own 50%?

Anthony M. Avery
Anthony M. Avery answered on Dec 20, 2021

Land is transferred by Deed, Inheritance, Will Devise, Court Decree or Adverse Possession. It appears you may not own anything, but you need a title search to be sure.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If 2 people are on a deed to property and one can not be located how do you go about selling the property

We have nailed letters to last known address with no response. What can be done? Please help

Anthony M. Avery
Anthony M. Avery answered on Dec 17, 2021

There are various ways. The most straight forward is a Partition Action, for which you need to hire a competent attorney. But first you need an attorney to perform a title search and then look for the other owner or his possible heirs. Publication Notice and a Guardian Ad Litem might apply... Read more »

1 Answer | Asked in Child Support, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: My minor child’s father passed away. If there is no will, does child support still have to be paid out of the estate?

The father had 4 children. 2 are adults now, 1 other and mine are minors. At time of death the father was still paying child support. The sister n law has been given Administratrix over the estate. I read somewhere that child support would have to still be paid up and would come out of the estate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Nov 23, 2021

You need to make a claim in the probate case, and don't delay because there are very short deadlines. You should hire an attorney to help you with this.

1 Answer | Asked in Real Estate Law, Collections and Small Claims for Tennessee on
Q: If a lien against my home is issued in 2010, and since the statute of limitations is 10 years in my state, Tennessee,

How do I get the lien removed

Anthony M. Avery
Anthony M. Avery answered on Oct 20, 2021

It can be very difficult. There is a civil penalty Statute for failure to release a lien, but lapse of time is inapplicable. You can request the creditor to release or file suit to have the issuing Court declare it released. Slander of Title actions usually violate the SOL.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Does house and car need to go through probate in TN? Will leaves one child house and other car/guns.

Oldest child is executor of will. Both children are residents of KY. Deceased is resident of TN at time of death. Will leaves oldest house (to be sold) youngest being me car jewlry and guns. Guns and jewelry were given to me yrs ago. I buried jewelry ( necklace) with deceased. Is probate necessary... Read more »

Nina Whitehurst
Nina Whitehurst answered on Oct 15, 2021

Your question cannot be answered without reviewing the will and understanding exactly what assets are in the estate and how much the decedent owed to creditors. As a general rule, real estate is not a probate asset in Tennessee, but that can be changed by will and also it can be drawn into a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I add my adult child to my deed/title in anyway in TN without a quit claim deed?

I am a widow who is losing her vision and my adult child will help me stay in my home

Anthony M. Avery
Anthony M. Avery answered on Oct 13, 2021

There are basically three types of Deeds: Quit-Claim; Warranty; and Special Warranty Deeds. To create an estate for the child, there will need to be a Deed conveyance to him.

You do not just add someone. Life Estate/Remainder Deed should be considered. It would usually be a...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What should I do ?

Me and my husband bought property in Tennessee & in our contract we bought it "AS IS" the woman had a verbal agreement with a man to lease the land though nothing in writing or no money involved and he had 30 days to get what we was told the animals and a trailer off the property and... Read more »

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

Are you the titled owners? If so you will need to either file a Detainer Warrant on the occupants or charge them with Criminal Trespass if you saw them there on Posted land.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it illegal in to to sell someone property without a well rights agreement?

Was told when bought property it was on a shared well with two other properties and seller said he would give me easement to well. It has been approximately 10 years since purchased property and now seller refuses to sign well rights agreement. I am trying to sell my property now but unfortunately... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 1, 2021

No, and very legal. You might be able to sue for a Declaratory Judgment that you have Water Rights by Prescription. But this will take time and money. You are trying to sell real property without title to everything that you represented you owned. It may be better to dig and plumb another... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I bought my home 12 years ago and put up a 5 foot chain link fence. My new neighbor behind me claims I'm 5' on his line

Does adverse possession apply to me?

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

It is possible that you, your predecessors and the same for the adjoining property, may have ACQUIESCED to the established on the ground boundary line, irregardless of the titled legal description boundaries. But 5 foot is alot, and it sounds like he just got a survey. It may be prudent to... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Work has been done to property before purchase and now they’re asking for more money due to property taxes increase.

Closing date was pushed 8 days one day before closing date. On supposed closing date told we need 12k more or we can’t purchase. We’ve already gave $5500 between realtors and title company, have over 10k in work and repairs in the property. Paid for 2 appraisals. What are we able to do to... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2021

Hire a competent attorney today, as you have went in way too far (and the seller knows you are good for alot more money). It appears the contract is already breached, and the seller intends to keep your investment into something you do not own. It is doubtful you will recoup anything. You... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My father just passed away, he has 3 daughters. I am the oldest and one is underage. He also had a girlfriend living

With him at time of death. Can’t locate a Will. His girlfriend is making it seem like she doesn’t want me to look through anything or take anything. What rights do I have and she have? She still at his house.

Nina Whitehurst
Nina Whitehurst answered on Sep 13, 2021

Absent a will that leaves things to her, your dad's girlfriend has no rights. You need to hire a probate attorney right away to get a probate case started in order to transfer assets to your dad's heirs, his children. The court-appointed executor may also need to hire an eviction... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is a 2 year verbal agreement grandfathered
Anthony M. Avery
Anthony M. Avery answered on Sep 7, 2021

What is the question?

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord hand you a hand written 30 day eviction notice or does it have to be court ordered?

She handed me a hand written notice of my rent going up. I said Asked for a new lease with the new rent amount she brought back a hand written eviction notice

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

Even if the Notice does not comport with the Lease Contract, it does not amount to much. Ultimately you will be served with the Detainer Warrant which is itself notice to quit by Statute.

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