Lawyers, Answer Questions  & Get Points Log In
Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: How to get a lien on previous property owner removed from deed after 10 years in tn?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 19, 2023

You have took the property subject to the judgment lien. This should have been avoided by a title search and clearing it at closing. If the Judgment has been extended, then it will be another 10 years or you may lose it by execution. If the Lien has expired by operation of law, then hire a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a person is buying a house going through a bank to get the loan are they required to make a certain downpayment
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 18, 2023

No... Contract may require a certain down payment or the lender might require a certain down payment for them to also loan the remaining purchase price.

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I just had my house sold for back taxes. Do I need a tax lawyer or a real estate lawyer?

I need to know more information about how this process works.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

Specialization will not help. Hire a competent TN attorney to examine your Redemption Rights, and possibly exercise them. It will not be cheap and probably difficult. But if you want your home back, get in gear. Time is of the essence.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can someone who is not the deed holder sell property he's buying to someone else???

I'm buying land from an individual who is not buying from the deed holder but from another party who is buying it from the deed holder

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 17, 2023

You have apparently made a contract that is void, and you know it. A title search is in order, then you may wish to make an offer to the owner. Yes, it might go through and you get title. But you might not and lose a lot of money, having almost no chance of collecting it even if you get a... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: Will my spouse of one year have any legal right to a home purchased by me prior to marriage in the event of divorce?

We reside in TN. I bought a house before marriage in my name only. I have always told my spouse that the home will always remain in my name only because I will pass it down to my child. He was aware of this prior to getting married.

Lived together there for 2 years before getting married.... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 16, 2023

Although the house is your separate property, he will have a claim (marital property) to an equitable portion of the appreciation in value of the house since the marriage. It could be a substantial claim.

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Tennessee on
Q: Mother bought house when her husband was in nursing home rehab. She paid cash from inheritance money.

This is the house she and her husband live in. Can she sell the house, he is not on the deed. This is in Tennessee

Bennett James Wills
Bennett James Wills
answered on Jan 16, 2023

From your limited facts, I don't see why not. If she's solely on the deed, she could convey it. If there's a pending divorce, the situation would be different. Consult local counsel to address any concerns you may have.

1 Answer | Asked in Probate and Real Estate Law for Tennessee on
Q: Mother bought a house with her husband, she passed in 2022, will his son get the house or am I entitled to mothers 50% ?

Husband is not my father, he has moved his son and wife in, and I think he’s priming the situation, to give his son the property at his death, as he is not as responsible as myself.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 10, 2023

It depends on the Title. If she bought it as tenants by the entirety, then surviving spouse owns the fee. If she owned individually, you might own one half as an Heir unless she devised it elsewhere. Hire a TN attorney to search the Title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a bank sell a home to a 3rd party while home was under contract 5 days before close?

I was the buyer and bank sold home to a 3rd party 5 days before close. We were under contract with the seller.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jan 9, 2023

Yes... What are you going to do, sue for Specific Performance? I doubt you tendered payment. Such contracts mean almost nothing except for a real estate commission.

1 Answer | Asked in Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: In Tennessee, what does it mean for the survivor if the deed shows "tenants in common with the right of survivorship"?

This is for an unmarried couple who own a home together. Will the heirs of the deceased have any rights to the home?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Jan 1, 2023

It means that if one of the tenants in common passes, the surviving tenant in common will become the sole owner of the home by operation of the survivorship interest without having to go through probate or any other kind of legal process. The heirs of the deceased would have no claim to the home.... Read more »

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on
Q: My daughter lived for five years with a man. He died suddenly, his family threw her out the day he died. Is this legal?

They reside in Memphis, Tennessee.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Dec 19, 2022

From your facts she had no legal right of possession. She could have stayed until served with a Detainer Warrant, but ultimately would have been run out.

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Are there legal provisions that allow an owner of a shared, inherited property to sell his/her share?

My siblings and I inherited riverfront property which I don't use. My siblings, who along with their kids use the property, won't buy me out. I don't want my kids to inherit the 'problem' and am looking for a way to solve the situation. Can I trigger a market sell? Or some other action?

Bennett James Wills
Bennett James Wills
answered on Dec 14, 2022

You can force a sale (or buy out) through a partition action with the courts.

View More Answers

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: Online sources state a TN homeowner has 30 days after foreclosure to vacate the home before the eviction process.

"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 »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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 »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am trying to get my great uncles property to my name only. Please help

My great uncle and my grandpa owned a property jointly. My grandpa passed away years ago. My great uncle says that he will sign his share over to me. When I look up the title it says there two names on it and it also says ETAL after there names. He says most of the property is owned by him but... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 28, 2022

Hire an attorney to search the title, and possibly determine heirship. An Affidavit of Heirship should be sworn to by someone with knowledge, then recorded. That serves as some of your source of title besides the record Deeds. Hopefully the other owners will Deed their interests over to you, or... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: I received a letter from a lawyer saying a deceased man with my last name left an estate and he is looking for relatives

Is this a scam?

Nina Whitehurst
PREMIUM
Nina Whitehurst
answered on Nov 24, 2022

Maybe. Maybe not. Ask him for a copy of the death certificate and letters of administration.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I bought land that has 2 easements on a lake. One is for ingress/egress via 25'w 60'L to waters edge,

The 2nd easement says under no conditions does property line prevent me from full use and access to my property's lake frontage. Nasty neighbor has blocked both from me. What can I do.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 22, 2022

You will need an attorney to sue in Chancery for an Injunction against their interference with your lawful use of the Easement. A title search of both adjoining tracts should be made first. Almost no chance of money recovery. If you do nothing, you lose the row.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a commercial tenant who sent their rent in by USPS and apparently was lost. Would this constitute a breach?

If their lease is due on the 1st and late on the 5th by The US post office losing their check would this constitute a breach of their lease?

Bennett James Wills
Bennett James Wills
answered on Nov 16, 2022

Check the terms of your lease - but typically rent is paid when you receive it. Not when the tenant puts it in the mailbox.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: I live in TN and wanting to file for divorce. We have a marital home but I am not on the mortgage. Can I be evicted?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 16, 2022

If you are named as a grantee on the Deed(not the Deed of Trust), then you have no ownership. Owner can file a Detainer Warrant unless you have a spousal support Order from the Divorce Court.

View More Answers

2 Answers | Asked in Real Estate Law for Tennessee on
Q: Where/how do I challenge a quitclaim deed in Tennessee? Can I do this without an attorney?

My signature was forged on a quit claim deed.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 14, 2022

You will need an attorney to file an action to Reform a Deed for Fraud in Chancery. A Lis Pendens also is needed. It is difficult and an attorney is necessary.

View More Answers

1 Answer | Asked in Real Estate Law, Construction Law and Land Use & Zoning for Tennessee on
Q: What legal claim, if any, do we have against the builder?

We are waiting to get back topo + boundary surveys but, according to the GIS, our brand new build (and all our neighbors brand new builds) were built on (or *way* over) each other's property lines. It's not like the builder got the whole plan shifted x amount of feet, everyone's... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Nov 9, 2022

Either a 3 year or 4 year Statute of Limitations probably applies to your cause of action. Hire an attorney now to examine the builder's, seller's and/or surveyor's negligence. Hopefully you have not busted the SOL. Boundary Line Agreements for adjoining landowners are... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I signed quick claim deed with son. It was suppose to have life estate on it but he must have told attorney to leave it.

I asked attorney. For the rough copy. That’s when I found out he was my sons attorney only. His secretary was told to tell me there was not one. When I sat and watched him do it.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Oct 24, 2022

Hire a competent attorney now. Hopefully you have not waited too long to file suit. The Deed needs to be set aside for active fraud. You might be successful despite signing it. A Notice Lis Pendens will also need to be recorded when the suit is filed. Otherwise you own nothing.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.