Is this legal? How can property be used as collateral for a loan before he won the auction
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.
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.
"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... Read more »
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... Read 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... Read 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"... Read 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... Read more »
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... Read more »
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... Read more »
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
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.
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.
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... Read 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... Read more »
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... Read 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... Read more »
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... Read more »
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 »
The problem I’m facing the house became delinquent I had the money to make the payment but the bank would not accept the payment saying they have to have paperwork saying that I am the executor of the Estate i’m worried that I can’t get this taken care of in a timely manner before my house... Read more »
answered on Aug 11, 2020
Your facts do not make sense. But if you started a Probate, which may have not been necessary, then you should be getting your Letters Testamentary from Probate Court. Call the Court today. This will be your authority to act on behalf of the Estate. Insurance and Taxes have to be paid also.
answered on Jul 14, 2020
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.
answered on Jul 8, 2020
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 »
answered on Mar 15, 2020
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
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
answered on Aug 8, 2019
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 »
answered on Jun 24, 2019
Your question is unclear. Consult with a local attorney to see if you can get help with the lien.
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