No notice of foreclosure new mortgage company just sent foreclosure papers we had that stopped now we go to court tomorrow for the foreclosure and the house has already been sold without us knowing got no papers or anything found out from my niece will we have time to get out after we go to court... View More 
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answered on Jul 11, 2023
It sounds like it was foreclosed earlier and now you are in Sessions Court on a Detainer. Judge will give possession to the new owner and you will get 10 days to get out. Otherwise a Writ of Possession might be executed by the Sheriff. The foreclosure may have not been conducted correctly,... View More
Home owner passed in summer of 2022. Orginal mortgage sold loan after notification of death. Executor didn't get appointed until 9 months later. New mortgage company was unknown. No bill sent. Orginal Mortgage company would not divulge loan company. New company sent 7 months of bills at once... View More
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answered on Jun 14, 2023
If actual payment in full was tendered to the creditor and refused, then arguably it was waived. And a suit to enjoin the foreclosure should have been filed with a bond being posted. Title has merged now, but it might be the basis of a cheaper, but harder, Chancery suit for wrongful foreclosure... View More
Working with lender and their foreclosure lawyer for loan modification or reinstatement when it was sold. Lender bought it back at sale but since a VA loan, the Secretary of VA took it before I could get cash together to pay reinstatement. Realtor apparently works for VRM, the current contractor... View More
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answered on Jun 5, 2023
It sounds like a Foreclosure has occurred, but you might hire an attorney to look into it. Until you are served or posted with a Detainer Warrant, the owner has done nothing to obtain possession. Suit must be filed, served and heard by the Court. Then you will have 10 days to leave after... View More
"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... View More
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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... View More
Is the defendant get notified of the witt of possession for the day start counting down in Tennessee or does the sheriff come out and give them written notice of the action and comes back or what happens next in the state of Tennessee
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answered on Apr 3, 2024
Defendant is not entitled to anything. Sometimes the Sheriff will contact occupant and tell him to leave prior to execution of the writ. Otherwise Sheriff shows up when he wants to and physically removes occupant, who will be arrested if he returns.
1026 Closing Disclosure document asks the question "if your lender forecloses on this property and the foreclosure does not cover the amount of the unpaid balance on this loan, A. state law protects you from liability for the unpaid balance unless you refinance or take on any additional debt,... View More
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answered on Jan 3, 2024
That closing document has no legal effect. If you sign the Note, then you can be sued for the money owed, or after foreclosure, get sued for the deficiency. If sued, you might use the disclosure as a defense, but it is not going to work.
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answered on Dec 18, 2023
Read the recorded Deed of Trust, and a copy of the Note if available. Usually acceleration occurs, then default. Then three foreclosure notices in the paper before the Courthouse door sale. Usually anywhere from 45 days to 4 months.
Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More
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answered on Nov 8, 2023
If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.
Bought in 1998 and we’re in our 60’s now and no where to go
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answered on Nov 6, 2023
Setting aside a foreclosure is difficult and expensive. What are your grounds?
I really need to know my options. She drained all accounts. I live in the house. I want to stay in the house.
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answered on Oct 27, 2023
You can try to get the lender to accept your payments on the note. Otherwise they will foreclose. If you are on the title, it will be difficult for the lender to remove you from possession. In that event hire a good lawyer to fight the Detainer.
We are also seeking loss mitigation but in the event that fails, I want to be sure that our right to redemption legal protections will apply. I have looked over the HELOC contract and I haven't seen a waiver in regards to our right to redemption protections. Thank you so much for reading this.
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answered on Oct 18, 2023
You will need an attorney to search the title and read the terms of all security instruments. Most likely you waived any redemption rights when you got a loan. Even if you did not, you will need to be ready to exercise such a redemption or it will be waived.
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answered on Oct 17, 2023
Read the valuation clause of the recorded deed.
I have identity theft that has effected every thing about me and financially
White collar crime in my name that seems to have followed me from The State of Florida
answered on Sep 7, 2023
Contact your local Bar association or legal aid society. They maintain lists of pro Bono lawyers.
Noone said anything until found out by junk mail it's going up for forcloser auction in just couple weeks.
Isn't the tenants allowed any time to have to be out . The mortgage company doesn't know that the person on the loan has even passed . Don't they have to send... View More
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answered on Jun 20, 2023
After the Foreclosure the new owner will probably start taking possession. Those tenants get a free ride for awhile but will need to be looking for a new place. They can contact the lender directly and attempt to arrange a month to month lease, but I do not recommend it.
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answered on Jun 8, 2023
I assume that you are trying to redeem a tax sale or an execution sale. Either way, you need an attorney to draft/send that demand letter, and to be prepared to file suit to enforce Redemption rights.
I volunteered to have it repossessed and I was told I would be left with the outstanding balance to pay when the vehicle is being repossessed
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answered on Mar 24, 2023
You might want an attorney to work out a compromise, so that no note deficiency is outstanding. The threat of Chapter 7 Bankruptcy might give you leverage. Also you might record and serve a Notice of Exempt Property.
Is this legal? How can property be used as collateral for a loan before he won the auction
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answered on Mar 6, 2023
It may be a fraud on the "secured" lender. But it is not your concern if the lender is not actually secured.
And someone bought the home and evicting us February 28 2023. Same lawyer who wrote the will now represents the plaintiff who bought the home. I find this very shady. Something isn't right.
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answered on Mar 2, 2023
Will has no effect until testator is dead and the Will is Probated. It can always be changed or the property disposed of prior to death. Apparently you had no rights except possession, which apparently you did not exercise.
Sibling in TN is has dementia. Somehow quit paying her Home Loan. She owes ~$20K Balance on Loan, House Value ~$200K. House is set to go to auciton Sept. 20. I got power of attorney, and contacted the Collection Agency. The account is $3,600 in arrears (amount provided by the Debt Collection... View More
answered on Aug 29, 2022
Tennessee law provides a right to reinstate and cure default before sale. You may be hitting a roadblock in that the bank is playing games by not recognizing the Power of Attorney, such that you may need to make a motion and bring the reinstatement before a judge.
"Reinstating"... View More
My father-in-law has recently started showing signs of dementia, and the family is in the process of having him diagnosed. Apparently, his cognitive deficit has been going on much longer than we suspected. His homeowner's insurance policy lapsed, and the lender foreclosed and sold the home. No... View More
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answered on Jun 8, 2022
This happens alot and dementia is not a defense to a Trustee's Sale. Hire a competent attorney to search the Title and see if there was a Surplus. Setting aside the Sale for even irregularities is probably moot; it needs to be enjoined prior to the Sale.
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