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
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.
The property was purchased on the greenbelt in the 90’s, last year while cutting timber on said property, police showed up and told me I need to stop cutting because I didn’t own the property. Apparently 7 years ago the property was taken off of the greenbelt clause making me delinquent on the... View More
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answered on May 2, 2022
There is a lot more to this than simply getting notice of Delinquent Taxes. Hire a competent attorney to search the Title. The Redemption period is probably past, but the alleged owner may only have a Bill of Sale, not a Deed. An Ejectment Action may be possible. The legal description should... View More
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.
estate is now being held up because of lawsuit.
house sold auction, 260,000. only 11,000 owed
that money goes into estate.
what can be done, if anything
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answered on Mar 28, 2022
The Estate Fiduciary has to file suit against the Trustee that conducted the Sale for the Surplus. Breach of Fiduciary Duty and Conversion, and maybe others.
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answered on Nov 1, 2021
Usually the Deed of Trust says you are month to month tenant owing rent. The new owner will file a Detainer Warrant to recover possession, which will take a month to three months to complete.
None
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answered on Sep 7, 2021
Contact the trustee that conducted the sale. He will be the grantor in the deed to the highest bidder. Suing for a surplus is difficult but possible, usually on large land tracts.
But that might be the only way to get the trustee's attention.
3 officers slammed me down in the yard of the home we Were evicted from. While 2 put there knees in my back one reached around them and grabbed me by the back of my neck, squzz and just held as tightly as he could as if trying to strangle me from behind now my neck aches a lot it pops n creeks and... View More
answered on Jun 1, 2021
Looks to me like the statute of limitations in Tennessee is one year. If it is over a year you can't proceed. Contact attorneys who handle "police misconduct." You need exact dates.
We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... View More
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answered on Feb 16, 2021
If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract... View More
My landlord told us before we signed the lease that we wouldn’t have to deal with strangers coming into our home for any reason but because she’s dealing with facing foreclosure on a different house that she hasn’t been able to get anyone to buy,she’s been trying to get someone to buy the... View More
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answered on Jan 4, 2021
Unless it is in your Lease there is no such prohibition. You may wish to find a leasehold elsewhere. A Buyer will take subject to your Lease, I would expect to not stay there much longer. A potential personal injury suit is not going to happen because it would be impossible to prove. causation.
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... View More
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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... View More
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