I have always treated that as a 3 year SOL, because you sue for Conversion and Tortious Breach of Fiduciary Duty. A 6 year Contract Breach SOL is doubtful but might be argued.
That depends on the specific language in the HOA bylaws and other legal documents. I cannot answer this question in your case because I haven't read all the HOA documents that apply. However, I can tell you that in my experience, HOA's can do all sorts of things to homeowners that do not... Read more »
I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »
You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.
Noise complaint than we get evection for it. They said we have 14 day to fix it but they want us to leave because of noise complaint and i pay them rent on time would that go on my record and stay on there for 7 years for noise complaint
No. Not as long as the rent is paid.
The house I lived in has been foreclosed on and now sold ,the attorney requested 3 weeks for us to get our stuff and the new owner said yes now they are talking about we can’t stay there in order to get our stuff and shortening the time
You need to leave as soon as possible. But the owner cannot obtain possession without a Detainer Warrant. It must be filed, served or posted, then a Judgment For Possession goes down in Court. If you are not out in 10 days, then the Owner gets the Sheriff to physically remove you with a Writ of... Read more »
Your question is unclear. Consult with a local attorney to see if you can get help with the lien.
Foreclosed Oct 2013. Am I protected by Tenn. Code Ann. § 35-5-118? 2 years vs 6 years?
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... Read more »
My parents let a TN property go since they cannot afford it anymore. The bank is threatening to sue them if they do not pay the difference from a cash offer they have for a short sale. My parents have no money anymore to pay this.
The other options was to pay them monthly for the next 10... Read more »
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... Read more »
No.
I have owned my house for around 12 years, my husband has lived there since we married less than 5 years ago. l am the only one on the deed and mortgage. The house is in pre-foreclosure, but I have found a potential buyer who is offering enough to cover the balance. Husband is aware of the... Read more »
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... Read more »
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,... Read more »
We purchased a home at a foreclosure sale. The electricity has been off 5 months. and the neighbors tell us the owner moved 2 years ago. They have our number and are calling requesting items in home do they have rights to items left 2 years ago?
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.
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.
if foreclosed on how long do I have before I have to vacate property? also concerning real estate agency can they come into my home to show it no matter if I am home or not?
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... Read more »
If yes, how do we get information necessary to document the the dissolved firm, and how do we get a release of mortgage form?
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.
A mortgage company conned my mother into signing her Deed of Trust putting a lien on a piece of land she inherited from her mother's estate on 4/16/07. After my mother's passing I learned that my mother's brother never signed the quitclaim on my mother's land when it was... Read more »
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.
My brother in law got a divorce back in December of 2013. Part of the divorce agreement was that his ex was to take his name from the note and have her's solely on there and also that he would pay her a monthly amount of 500.00 for the first six months after the divorce to go towards the... Read more »
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... Read more »
I won a FED on appeal. I am the defendant. I am attempting to find out where and how much the Plaintiff's bond is and where or to whom was it paid. No one seems to know. We were wrongfully evicted and now no one including, the General Sessions and Circuit Court Clerks can tell me how or... Read more »
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... Read more »
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