Do they then become squatters? They are aware of the sale.
You need a competent attorney to represent you, not a title bunch. Seller should have already run them out. If they claim ownership, then the deed will be champertous and void. At best you will have to immediately file and prosecute a Detainer Warrant. You take subject to the rights of those... Read more »
I am looking for advice on how to sell a piece of land that is still in my deceased father’s name. My father passed away in 2005. He was a resident of NY and his will was admitted to probate in the state of NY in 2005. Letters testamentary were issued with my sister and I named as executors of... Read more »
You can obtain a triple certified copy of the will from the NY probate court and file it in Tennessee as a muniment of title.
Seller never stated that home was on sceptic. Seller marked city and the home is actually sceptic
It is very possible to sue the Seller for a false Tennessee Residential Real Estate Disclosure. But you must have some damages and file within a year (I believe). Even then you need to think about whether you can collect. It helps if the realtor also signed it.
My wife just passed away from cancer, was on Medicare A & B plus Plan G thru Mut. of Oma. I started receiving bills for well over $ 100,000.00 even before she died. Her will has left me all her property, House and nearly 6 acres. I haven't gotten a death cert. yet and was wondering if they ( the... Read more »
Medical Providers will have to get a Judgment prior to a Lien except on a related personal injury/wrongful death suit. The will has no effect without probate, and probate would not be a good idea. But creditors can file probate too, and it would be for their benefit. You need a competent... Read more »
This land has always been a farm, but now is 53 acres with smaller subdivided lots adjoining. The restrictions said no other activity and the current 53 acre owner and the owner who split the lots originally are the only ones who signed the corrected deed to include agriculture.
In... Read more »
If all property owners do not execute a covenant which runs with the land forever, whoever violates it may be able to ignore the restriction. You need an attorney.
In doing this the lines to my septic and water (city line) were paved over. The property adjacent to the paved road is property 40 acres that is for sale by family of deceased owner. A contractor made offer and said it was contingent on moving my septic and lines . The contractor wanting to double... Read more »
What is it that you want to do?...And the contractor can not make you pay for what is probably a road widening approved by the County Commission. In fact there have probably been two or three County Commission Meetings already on this subdivision development. Why did you not attend and voice... 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.
I was awarded financial damages by the court. The defendant found to be liable, only has their primary residence, as assets. Is the primary residence, protected from any actions, in this case?
He could easily have a $ 25K or more Homstead Exemption. It may be titled as a Tenancy By The Entirety, or a Tenancy In Common or even a LIfe Estate/ Remainder. It could have a Deed of Trust against it, or there maybe several Judgment Liens ahead of your potential Lien. Hire a competent... Read more »
I was told this when I purchased my first home. I had the loan in my name and they made me put my ex husbands name on the title saying it was Tennessee las
It is not a legal requirement. But if you want that outfit to loan you money, then you have to abide by their rules. You apparently are the fee simple owner, but they probably want the husband own the title, and most certainly the Deed of Trust, to expedite a potential Foreclosure due to... Read more »
How do I sell the house straight out to a buyer. No will or mortgage.
Hire a competent attorney to perform a title search, then draft, execute and record an Affidavit of Heirship. That will be your source of Title, then you are able to execute a deed as the grantor, with the Affidavit shown in the Derivation of Title Clause.
Hire a competent attorney to perform a title search, then draft, execute and record an Affidavit of Heirship. If there are Liens, then they must be addressed, or you might not own the real property very long. Any money owed would be against the property, not you personally.
He left for a work trip at the start of the month and while he was gone, I finally decided to leave him. He comes back Saturday, but I don't want him in my house unless I'm here and I want my house key. He is on the lease, and he is planning to pack his stuff and leave, but wants to do it on a day... Read more »
You would have to secure a court order preventing him from entering a premises for which he has a lease. I suggest you quickly consult with an experienced local family law attorney to get the best options for your particular case.
Our broker committed fraudulent misrepresentation. He's since passed away. Can we sue his E&O policy for damages or does it have to the individual broker?
You probably will have to sue his Estate, if there is one. There is probably a large problem here. There is also a Real Estate Education Trust Fund to notify upon institution of Suit. You cannot sue the Insurance Co. directly.
Usually whatever you and your lawyer agree to, which may be more or less than what you expected to pay him. But you have to collect it first.
My condition is stable and I live on my own.
Not sure of your question. But the only way you will set aside that conveyance is for the Grantees, and now owners, to convey it back to you. I suggest a Life Estate/ Remainder Deed.
We placed a mechanics lien on a property but they were able to sell it. The title company placed a bond to discharge lien but with a condition that if the ruling was in our favor. The contractor and owner under which the building permit was filed under and we got our permit. That the they will have... Read more »
If you do not file suit to execute your m & m lien within a short period of time, you lose it. Hire a competent attorney now to see if you can execute it. If you still have a lien, it is against the property, not any of the owners.
My wife and I found a condo we wanted to purchase before signing a buyer agreement with an agency. After we signed and submitted an offer, we discovered that our agent sent two consecutive offers that had incorrect terms on them, including one that would have required us to place an 80% down... Read more »
You should not be signing offers without reading them. You might hire an agent to represent you, but you need to be very careful about looking for properties in the first place. It would be wise to hire an attorney to continually assist you, and check out prospective properties prior to you... Read more »
There are many ways of conveying improved real property to a son. I recommend hiring a competent attorney: to perform a title search including looking at the legal description; drafting a quit claim deed (since I doubt he wants to sue his parents); deciding upon an agreed purchase price... Read more »
Not to my knowledge. If there is a relevant clause in the Real Estate Sale Contract, then that term on current utilities controls. But no Tennessee Statute applies. Possibly some county ordinance or city code requires it. Who would enforce it?
My wife inherited a house, but it went to her mom until she was 18. Her mom sold the house to their aunt (was paid off but now the bank owns it bc of the aunt using it for a loan) Is there legal action for us to get the house back
You should consult with an attorney asap to determine your options. An attorney would need to looks at the property records and any will that may have conveyed the estate to your wife. There are a lot of moving parts to cases such as these. An attorney would need to review of all relevant documents... Read more »
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