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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: I agreed to purchase a property that I and my two siblings own.

My brother and I signed the closing documents provided by Tennessee Valley Title Company. She initially delayed signing the closing documents sighting vacation and then illness, not price. She is now saying she does not agree with the price. My husband and I now live on the property in an upstairs... Read more »

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

Have you got a recorded Deed to the property where you have title? You may wish to hire an attorney to check your title, as apparently you are not sure what has occurred. If she conveyed her interest in the real property, and you own it, then you should not have to worry with her complaints.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In a partition suit to settle a property, can one party choose to not abide by an appraised amount and demand more?

My siblings and i are coowners, as beneficiaries in a family trust, of our parents home. I’ve lived here for 4 years caring for our elderly mother. Zillow and trulia show the value as over $600,000 (which it might be had it been updated and maintained over the years). I made it known shortly... Read more »

Anthony M. Avery
Anthony M. Avery answered on Jul 6, 2021

In a Partition Suit, an appraisal has virtually no relevance. It would only be considered in evaluating the Case, that is whether Partition is viable or not. Much more important is the amount of debt and liens against the property, and the tax appraisal.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long on average will a partition sale take, dealing with an unwilling family member? What steps do we need to take?

Property is jointly owned by my Mom and sister. Mom has Alzheimer's and needs funds for continued dementia care. She is not competent, and I have her POA. Property has no mortgage and was purchased with mostly Mom's money, but now my sister is claiming it is all hers. I have... Read more »

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

Your initial problem is your Mother's illness. Her incompetency may require a Conservatorship, or possibly a Guardianship, both difficult and expensive. I doubt the Chancellor will order the sale with you as an attorney in fact, and title would be patently suspect. If she is not... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law, Civil Litigation and Land Use & Zoning for Tennessee on
Q: I received a motion for publication in the mail in regards to the house i live in . Which the owner is deceased.

What's a notice by publication.

Nina Whitehurst
Nina Whitehurst answered on Jun 26, 2021

Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... Read more »

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: How to evict on contract for dead. Buyer did not pay taxes, didn't make payments on time and is now deceased

Cumberland county Tennessee is the location. Seller resides in FL

Anthony M. Avery
Anthony M. Avery answered on Jun 14, 2021

I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no... Read more »

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1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Joint Tenants With Rights of Surviorship Deed

My father and I are on a relative's deed, who since passed, as Joint Tenants with Rights of Survivorship. If we sell the property, is it required that the proceeds of the property sale be split amongst the co-tenants 50/50?

Anthony M. Avery
Anthony M. Avery answered on Jun 8, 2021

Usually both owners want to get paid. If you and your Father have another arrangement, that is your business. But if I represent the seller, there will be one check with both owners as payees. If you Father wants to convey his interest to you prior to the sale, then he can do so or vice versa.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the filing fee in Tennessee for eviction

And is a notarized eviction notice legal

Anthony M. Avery
Anthony M. Avery answered on Jun 3, 2021

General Sessions Detainer Warrant Court Costs vary amongst the Counties, but usually run around $ 180 up to $ 250. Circuit Court and Chancery Court Costs will about double that. Any kind of notice to quit is notice to vacate, and service/posting of the Warrant is notice to quit by Statute,... Read more »

1 Answer | Asked in Landlord - Tenant, Contracts and Real Estate Law for Tennessee on
Q: My landlord notified me he is selling his properties to retire, can he make us leave or can I take it to court?

There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on May 16, 2021

The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a relative has cosigned on my mortgage, can they take me to court because I've been unable to refinance without them?
Anthony M. Avery
Anthony M. Avery answered on May 14, 2021

If the relative pays off the Note, they might file suit for Contribution against you. It is not a significant risk though.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I’m buying a 5 acre plot in East TN. The paved entrance road that accesses the plot isn’t mine - how do I protect access

There are a few other random cabins that dot the street on each side, which accesses my plot. No one can tell me who actually owns the access/entrance road with the other houses on it. My fear is that someone could stack disused cars or piles of wood or let the road fall into disrepair and I... Read more »

Anthony M. Avery
Anthony M. Avery answered on May 10, 2021

Hire a competent attorney to search your title and the title where your access road is. You may not have an easement, and will need one at purchase, or do not buy the property.

1 Answer | Asked in Real Estate Law and Business Law for Tennessee on
Q: Should the purchase of a commercial building be in the company's name or the owner's name for a single member LLC?

Building location: Elizabethton, TN

Building will be used for owner's business, a machine shop.

Anthony M. Avery
Anthony M. Avery answered on May 3, 2021

You will need to consult with an attorney and get this advice. Many, many considerations are involved here, and there may not be a perfect answer. The LLC operating agreement must be read, applied or changed; Who will be the insured?; Liability concerns; the Member's Estate Planning;... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: I want to sell my deceased mother house but I have siblings

They can't buy me out and refuse to sell

Nina Whitehurst
Nina Whitehurst answered on Apr 18, 2021

First, if the title to the house has not already been updated to your names, you need to take care of that. A probate attorney can help you with that.

Then you can hire a real estate litigation attorney to file a lawsuit to force a sale and divide the proceeds among you. This is not...
Read more »

1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I record a holographic will in Tennessee
Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I get excessive funds from my dads house that sold in foreclosure after his death.He left everything to me in a will

I’m the step daughter and he lived in the house with my mom but she passed before him. He does have 2 kids in another state that he’s signed his rights over to. The will leaves everything to me so am I the only one to collect the funds from the house?

Anthony M. Avery
Anthony M. Avery answered on Mar 26, 2021

I am not sure what you mean about the two daughters' rights. If the Will is filed for Probate, apparently you receive the entirety of his personal property and residue. And the right to receive money is a chose in action, personal property. If the Will is not Probated, it has no effect and... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: The funds from selling our house are delayed b:/c Buyers lender sent to wrong acc’t# NOT OURS. Options/Recourse?
Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Did you sign the Deed? Hopefully not without being paid. Noone completes a real estate transfer without receiving some type of certified funds in hand. Wire Transfers are asking for a ripoff. Did anyone tell you that the funds were sent when they had not? You probably were talked into using... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Attorney acting as title agent did not deposit earnest money and seller now refusing to sell. Is this legal?

We were under contract to purchase real estate and were notified week of closing that seller refused to close because title agent did not deposit earnest money although it was sent to them immediately.

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

It does not appear that you actually had a contract to begin with. But even if breached, you would be lucky to get the earnest money back. I doubt that you would want to actually prosecute a Specific Performance Action. Most title companies do not have any attorneys, so you may be mistaken.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is this legal?

I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do we have to wait 1 year to sell inherited properties in order to avoid probate? Properties were in a trust at DOD.
Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2021

There is no statute requiring you to wait at all. However most buyers will want the title cleared a bit. If the properties are trust corpus, then apparently they were not owned by a deceased person. and not possibly subject to any debt. Whatever the case, hire a competent attorney to search the... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Tennessee on
Q: Sister left me trailer that she moved on my property 12 years ago Would a nursing home be able to take it It is attached

Signed title to me and has funds to pay nursing home for apx 2 years. She moved to NC.

Anthony M. Avery
Anthony M. Avery answered on Mar 8, 2021

It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My dad and siblings jointly own property. My dad quit claimed an acre. can someone else quit claim w/o dad's signature

When he quit claimed his acre does he lose any say over the rest of the property?

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

It appears that you do not know who owns or formerly owned the real property. Anyone can quit claim whatever interest they have in a property, with or without another tenant in common's consent. If Dad has an interest in the rest of the property, he is still a titled owner. Hire a competent... Read more »

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