Tennessee Foreclosure Questions & Answers
Q: My home in Missouri was foreclosed on in 2013. I had a 1st & 2nd on it. Can the 2nd sue me in 2019 in Tennessee?
1 Answer
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Consumer Law, Foreclosure and Collections
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Tennessee
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Answered on Feb 13, 2019
Answered on Feb 13, 2019
Anthony Marvin Avery's answer
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Usually the Deficiency Suit will be barred after two years from the Foreclosure Sale, as it is the earliest SOL. Rarely will a Noteholder wait almost six years to Foreclose and then sue upon the remaining Note Indebtedness. Hopefully Tennessee Law applies to your Second Note, which is itself not destroyed by the Foreclosure of the First Trust Deed as the Second Trust Deed is. You can argue this Defense in a Tennessee Court but the Noteholder will assert Missouri Law applies in this Case or...
Q: Parents defaulted on mortgage in TN. Bank now wants to sue them for different of short-sale, they have no money to give.
Anthony Marvin Avery's answer
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
You should not have sent them any further financial and asset information. The Bank will sue them for the Note Deficiency, which will include alot of penalties and attorney fees. After the Bank gets a Judgment, it will use the information to execute on your Parents' assets. They should start protecting their assets now, and possibly hire a competent attorney to advise them about collection methods and exemption rights.
Q: Can my spouse stop the sale of my house when the alternative is foreclosure?
1 Answer
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Foreclosure, Real Estate Law and Divorce
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Tennessee
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Answered on Nov 5, 2018
Answered on Nov 5, 2018
Anthony Marvin Avery's answer
As long as you are alive He has no legal interest in the property except his possession. His signature is not required to transfer the home, but many places will want him to sign anyway to satisfy Title Insurance Policies. The purchaser may have to file a Detainer Warrant on him, and he may know this.
As long as you are alive He has no legal interest in the property except his possession. His signature is not required to transfer the home, but many places will want him to sign anyway to satisfy Title Insurance Policies. The purchaser may have to file a Detainer Warrant on him, and he may know this.
Q: I need a lawyer to stop foreclosure in a deed of trust n tennessee
Anthony Marvin Avery's answer
What are your grounds? Any competent attorney will be expensive and you will probably have to put up a Bond to put down a Temporary Restraining Order. You do not have much time and it will take alot of work to file suit in Chancery. It may be more feasible to file a Chapter 13 Bankruptcy, which again will be expensive for probably the first six months to a year to cure the default. If you have no grounds to contest the Foreclosure, then Chapter 13 Bankruptcy will be your only hope.
What are your grounds? Any competent attorney will be expensive and you will probably have to put up a Bond to put down a Temporary Restraining Order. You do not have much time and it will take alot of work to file suit in Chancery. It may be more feasible to file a Chapter 13 Bankruptcy, which again will be expensive for probably the first six months to a year to cure the default. If you have no grounds to contest the Foreclosure, then Chapter 13 Bankruptcy will be your only hope.
Q: Does previous owner have rights to claim personal items abandoned 2 years ago when they moved out .
Anthony Marvin Avery's answer
Yes. The Statute of Limitations on Conversion is three years. They could also sue you in General Sessions for an Action To Recover Personal Property. But I doubt any Magistrate will issue an Arrest Warrant for Theft of Property. It is basically a civil matter.
Yes. The Statute of Limitations on Conversion is three years. They could also sue you in General Sessions for an Action To Recover Personal Property. But I doubt any Magistrate will issue an Arrest Warrant for Theft of Property. It is basically a civil matter.
Q: I live in Tennessee. 8 years ago we had a foreclosure. Can a debt collector still come after me?
1 Answer
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Consumer Law, Foreclosure and Real Estate Law
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Tennessee
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Answered on Aug 13, 2018
Answered on Aug 13, 2018
Anthony Marvin Avery's answer
Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.
Not sure what debt you are concerned about. But the Deed of Trust Note must be sued upon within six years of default, unless some other period is agreed upon. Usually you will be served with the deficiency suit and the creditor will get a judgment which is good ten years from judgment.
Q: I am renting a home possible foreclosure and was put up for sale
1 Answer
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in
Foreclosure, Real Estate Law and Landlord - Tenant
for
Tennessee
on
Answered on Mar 21, 2018
Answered on Mar 21, 2018
Anthony Marvin Avery's answer
In Tennessee any new owner from the foreclosure of the Deed of Trust will take title subject to your possession. They will have to file a Detainer Warrant against you, serve it or post it, get a judgment for possession, then after ten days, request a Writ of Possession to issue. The Sheriff executes the Writ, physically removing you. The property can be shown, looked at, etc., and you cannot do much as this would be prosecuting a trespass charge in the same Court which will ultimately...
In Tennessee any new owner from the foreclosure of the Deed of Trust will take title subject to your possession. They will have to file a Detainer Warrant against you, serve it or post it, get a judgment for possession, then after ten days, request a Writ of Possession to issue. The Sheriff executes the Writ, physically removing you. The property can be shown, looked at, etc., and you cannot do much as this would be prosecuting a trespass charge in the same Court which will ultimately...
Q: A law firm held a lien attached to our mortgage. But the firm dissolved. Does this release us from the lien?
1 Answer
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in
Consumer Law, Bankruptcy and Foreclosure
for
Tennessee
on
Answered on Jan 24, 2018
Answered on Jan 24, 2018
Mr. James Charles Wright's answer
I am intrigued as to how a law firm ended up with a lien on your home and this may impact the response. But beyond this, if the law firm legally dissolved a proper lien right would not just disappear. The rights would pass to someone- potentially even a creditor of the firm.
I am intrigued as to how a law firm ended up with a lien on your home and this may impact the response. But beyond this, if the law firm legally dissolved a proper lien right would not just disappear. The rights would pass to someone- potentially even a creditor of the firm.
Q: How can someone sign a Deed of trust from inheritance without having the Quitclaim signed off on
1 Answer
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in
Foreclosure, Real Estate Law and Civil Litigation
for
Tennessee
on
Answered on Mar 23, 2017
Answered on Mar 23, 2017
Leonard Robert Grefseng's answer
Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.
Your mother's brother ( your uncle) may have an ownership interest in the land. In other words, while your mom doesn't own anything ( her interest has been foreclosed), he may still have rights in the property. However, time is working against him, he needs to consult a real estate lawyer asap.
Q: What can my brother in law do in regards to a foreclosure being put on his credit that he shouldn't be liable for?
1 Answer
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in
Foreclosure, Bankruptcy, Divorce and Real Estate Law
for
Tennessee
on
Answered on Mar 7, 2017
Answered on Mar 7, 2017
Leonard Robert Grefseng's answer
Not much, really , but everyone has the right to respond to any information on his/her credit report. In other words, he has the right to tell "his side of the story" and have that response on the credit report also. This way, when a lender reads the credit report, at least they will be able to know that it wasn't actually that defaulted on the note ( it was the ex-wife). He should also considered taking legal action against the ex to make her comply with the divorce decree or pay damages or...
Not much, really , but everyone has the right to respond to any information on his/her credit report. In other words, he has the right to tell "his side of the story" and have that response on the credit report also. This way, when a lender reads the credit report, at least they will be able to know that it wasn't actually that defaulted on the note ( it was the ex-wife). He should also considered taking legal action against the ex to make her comply with the divorce decree or pay damages or...
Q: How does a defendant recoup damages for wrongful FED? How does defendant recovery Plaintiff's bond amount paid?
1 Answer
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in
Foreclosure, Real Estate Law, Appeals / Appellate Law and Collections
for
Tennessee
on
Answered on Jan 19, 2017
Answered on Jan 19, 2017
Leonard Robert Grefseng's answer
I suspect the "bond" you are referring to was not for your protection, but was to secure payment of the court costs.
If there was a "bond'- it would be described in the court filings: someone would sign as a "principal" and a second person would sign as a "surety." They probably were not required to actually pay or deposit a fixed sum of cash, their signature just makes them responsible for the court costs. Recovery of damages for the wrongful eviction will likely require a new,...
I suspect the "bond" you are referring to was not for your protection, but was to secure payment of the court costs.
If there was a "bond'- it would be described in the court filings: someone would sign as a "principal" and a second person would sign as a "surety." They probably were not required to actually pay or deposit a fixed sum of cash, their signature just makes them responsible for the court costs. Recovery of damages for the wrongful eviction will likely require a new,...
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