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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother passed away with a $37,000 mortgage balance on her home. No written will. I am her oldest grandchild and

I moved in a few months prior to her death to help with her care as well as her oldest sons care who has dementia. She verbally willed me to keep the house and continue caring for my uncle whom is her oldest child. The verbal was received by my mother whom is the youngest. She passed away 7/2019. I... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 15, 2020

You are not ready to sell anything, and if the Note and Deed of Trust is not serviced, the property will be foreclosed upon. Hire a competent attorney to determine heirship, then find a knowledgeable affiant to swear out an Affidavit of Heirship. That will be your source of title. Then the... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: can an apartment send to collections for breaking a lease if the apartment was re-rented after abandonment?

I had to leave my apartment suddenly with my infant due to a domestic situation that turned violent. The apartment complex has now turned me over to collections. Can they do this if the apartment was rented quickly after I left?

Bennett James Wills
Bennett James Wills answered on Sep 15, 2020

The short answer is, yes. If you broke the lease then you would be responsible for any damages that were not covered by a security deposit. They have a duty to mitigate by getting a new tenant. But even doing that may not have covered anything you owed on the lease.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My survey shows a small portion of my garage on my neighbors side. How do I claim it from a feuding neighbor in TN?

My neighbor is unwilling to discuss any options. I just want to be able to sell without problems.

Anthony M. Avery
Anthony M. Avery answered on Sep 14, 2020

It appears that you are encroaching on your adjoining owner's property. Do not try to sell until you get this cloud on both properties cleared. Hire a competent attorney to either get a Boundary Line Agreement, a quit

Claim Deed from your neighbor, or file a Boundary Action.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Joint land owner in TN. 1 owner now paying mortgage.

I purchased with a joint down payment land in TN (50/50 payment) however the joint owner is not making his payment of the mortgage. What legal recourse do I have to demand payment or file something to withdraw him from the deed?

Anthony M. Avery
Anthony M. Avery answered on Sep 9, 2020

You will probably need to file an Action For Partition. Hopefully you all have some equity in the property, or it may not be ordered sold. Hire a competent Tennessee attorney. You could also make a small offer to buy him out and get a Quit Claim Deed back.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: is there any landlord obligation after the lease is claimed to be terminated before the tenant vacates the premise?
Bennett James Wills
Bennett James Wills answered on Sep 9, 2020

More facts are needed to answer your question. But yes, landlords have certain obligations after a lease ends or you vacate, or don't vacate for that matter.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My uncle is refusing to sign a quit quick deed for a house left to me in a will by my aunt, his sister. Help!

Will has already been to probate but lending company is still requiring signatures for living siblings not listed in will?

Anthony M. Avery
Anthony M. Avery answered on Sep 3, 2020

Not sure of your question. But obviously your lender is ignoring the Probate, which is rare unless it was just filed. You may need to find another lender that will loan to the sole devisee. However Probate in Tennessee is rarely less than 15 months until closed. The Will Devise is your source... Read more »

1 Answer | Asked in Real Estate Law and Civil Litigation for Tennessee on
Q: Is detainer warrant the summons to court?

Which one would be considered the detainer warrant the summons to court or the three days to vacate. The three days to vacate did not come until after the summons to court. at at no time prior to that did they communicate anything about back rent. We're on a month-to-month lease with them and... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

The Detainer Warrant is a notice to quit. So go to Court. You might need a lawyer since apparently you are being sued for rent and other monies.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If we never received a written eviction notice just a summons to court how can we be made to leave in 10 days by court.

We live in red bank tn. And have for 5 years in the same duplex. The owner sold on June the 4th. On July 7th we signed new lease with first property management. On July 28th we received a summons to court for back rent owed from before they ever owned the place. We didn't owe back rent. On... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 1, 2020

Service or Posting of the Detainer Warrant is notice to leave. You can probably get one continuance to get a lawyer, which might mitigate the pains.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My grandmother's will states that her house will go to my daughters who are 11 and 14.

The person over the house and funds when the house is sold is my cousin. The will places him as the advisor over the estate until my daughters are 21. The money must be used to take care of my daughter's needs. If there is any money left over when they have each reached 21, then the money goes... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 28, 2020

Is the Testator deceased? If not, then there is no probated Will. If deceased, then the Will must be Probated to have any effect. If no Probate, then the house goes to the heirs. If the cousin is the executor and trustee, then it sounds like a decent devise. To remove an executor, you need... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Under the power of appointment in a will, can land be distributed?

The will calls for for the executor, who has the power of appointment, to distribute personal property to blood kin as defined in the will. Can land be distributed to the kin just like stocks and cash?

Anthony M. Avery
Anthony M. Avery answered on Aug 24, 2020

If the Probated Will says what you claim, then no, the Executor cannot distribute real property or land as you think. However there is either a devise of real property or a residuary clause in the Will which will include the the distribution of real property. You do not state what the power of... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: an easement runs by my house and heavy traffic and speeding I have children, can i put a speed limit sign up?
Anthony M. Avery
Anthony M. Avery answered on Aug 18, 2020

The County Commission sets speed limits and orders the erection of signage. Talk to your Commissioner.

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
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 Real Estate Law for Tennessee on
Q: Mother's boyfriend passed away and they shared joint ownership of the home Puerto Rico. He had no will.

Mother's boyfriend passed away and they shared joint ownership of the home in Puerto Rico. He had no will and now she wants to sell. She was the beneficiary on his 401k. Does she have full ownership of the home now and if not what steps must she go through to sell the home.

Anthony M. Avery
Anthony M. Avery answered on Aug 17, 2020

Mother will need to talk to a competent attorney in PR. That Territory's laws control heirship of the property, not TN's. The Retirement Plan apparently goes to the Beneficiary and not to or through the Estate. There seem to be some decent PR lawyers on Justia.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I bought a home , I’ve been in it a bit more than 30 days, I find that it has a major plumbing issue which is not cover

Not covered under my home insurance policy. What rights do I have under the law?

Anthony M. Avery
Anthony M. Avery answered on Aug 13, 2020

If you got one, check the seller's TN Residential Disclosure Statement for any misstatements about plumbing, etc.

If so, you might sue for misrepresentation within 1 year from the statement date.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: A buyer signed a contract to buy our property in TN and camper without first looking at it. They stipulated:

“Buyer has 10 days to complete inspections, this offer is contingent upon satisfactory inspection of camper”. After we accepted the offer, the buyer did look at the camper and says she doesn’t “like” it and cancelled the professional inspection. She has asked us to sign a release. We... Read more »

Paul E. Tennison
Paul E. Tennison answered on Aug 11, 2020

There may be more facts that would be relevant to this if this were litigated. My take is that the buyer breached the agreement by cancelling the professional inspection. The contingency language implies that the buyer will do an inspection. By her cancelling it, the contingent provision could not... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Father passed. Left his sister the house. She wants it to go to me. how do we proceed?

I am the second benefactor in this situation. The house would go to me anyway after my aunt dies but she wants me to have it now. Neither of us know how to sign it from her to me since I was my fathers only heir.

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

Something is not right. If you are the only Heir, then why did the Aunt take the property? Hire a competent attorney to draft at least a Deed from the Aunt to you, and possibly an Affidavit of Heirship for a source of title. Again you obviously have a mistake here and need an attorney.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I owned our home before marriage now I want to get an equity loan against it, with only my name on the loan.

My husband will sign a Quit Claim deed, is anything else needed and will he still have to sign any documents with the bank?

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

That Deed should be enough to make the Bank happy, But it is up to the Lender, which may still want him to sign the Deed of Trust. It is not a legal issue, but a lending practice.

2 Answers | Asked in Criminal Law, Real Estate Law, Civil Rights and Lemon Law for Tennessee on
Q: Hello, we just bought a house from someone who “flipped” it after it was foreclosed on & we found lot of mold covered up

We have several walls down due to mold and the floor and ceiling in some areas along with our roof in need of mending to prevent it from coming back this is costing us a lot of money and has been very unsafe for my family we would like to take action against them but are unsure of what kind of... Read more »

Mr. Kent Thomas Jones Esq.
Mr. Kent Thomas Jones Esq. answered on Aug 9, 2020

You can probably find a general practice attorney who will take the case. Of importance to your case will be the representations made by the seller and whether you received a warranty or bought it "as is." One of their defenses will be whether you had a property inspection or not.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have an apartment that I have let a family member live in rent free for 11 years. I've given this person 30 days to f

I've decided that grace period is up and I no longer want this person living in my apartment. There was never a lease or any sort of written agreement. I was letting them live there because they would've been homeless otherwise. I gave them a 30 day notice to find somewhere else to live,... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 7, 2020

You have to file a Detainer Warrant with General Sessions Court. Sue For Possession Only (no money). However you could lose and have to file an Ejectment Action, which will be expensive and difficult. File it Monday. If you receive Federal Subsidies, the virus mess will delay you.

1 Answer | Asked in Estate Planning, Real Estate Law and Tax Law for Tennessee on
Q: would like to add girlfriend/Fiancé of 10 yrs on my house deed. If I do a quit claim deed, is there IRS or loan issues
Anthony M. Avery
Anthony M. Avery answered on Aug 3, 2020

If there is a Deed of Trust on the Property, then there is probably a due on sale clause if the lender does not give permission. Usually they never find out unless there is a Foreclosure anyway though. The Deed to her should be thoroughly considered and expertly drafted. If the Property is not... Read more »

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