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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Mortgage and eviction.

If I took out a mortgage on a home and paid 70,000 on said home over a period of years and the property owner passed away and left rights to the property to the children, could they kick me out of the property after I’ve already paid 70,000 on the mortgage?

Anthony M. Avery
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Anthony M. Avery
answered on Sep 28, 2022

It is sounding like you are not the owner. If true, having paid someone else's Note, then yes, the actual owners who are Tenants In Common can sue you for possession. Put together proof of all payments, then hire a competent attorney there, like Herb Patrick, to request a Deed or defend... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do I need title insurance if I can get a warranty deed for a land purchase?

I want to purchase land in Tennessee on a mountain where the drive to the property is a few miles of gravel road put in by the land developer. The road is NOT county maintained. The title company has heard the developer plans to file bankruptcy and is no longer maintaining the roads.... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Sep 27, 2022

Title Insurance only covers a few problems, and never ensures that the access is maintained. Many Title problems that may arise are not insured risks. And making a valid claim on a policy is very difficult. Have you searched the Title yet, or even actually read the legal description and... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do restrictive covenants have to be filed with a property description?

Can I just copy a set of restrictions and use them without filing with the deed.

Anthony M. Avery
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Anthony M. Avery
answered on Sep 27, 2022

No legal description of the encumbered property must be recorded with the legal description. However some type of notice to the world where the restrictions apply should be of record, as otherwise the covenants will be worthless and unenforceable. Hire a competent attorney to at least draft a... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How long do you have to own property in Tennessee before you can get a home equity loan?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 26, 2022

There is no legal requirement for a length of home ownership. Different Lenders have various time in place requirements, but sometime 2nd priority Deeds of Trust are given at closing, that is with no history of ownership. Ask your prospective Lender its rules.

1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: Dear Sir / Madam, In India, does an unoccupied flat in an apartment come under maintenance fee ?
Anthony M. Avery
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Anthony M. Avery
answered on Sep 13, 2022

You probably need an attorney in India. But read the lease first to see if there are exceptions to the maintenance fee requirements.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My wife and I want to borrow $15000 from a parent to use to perform repairs to our property. Lien? Quitclaim?

We want to provide some security that we will pay the loan back. Should we use a lien on our property (Home), Mechanics Lien, or quitclaim deed? Or what do you suggest?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 30, 2022

There are number of secured financing alternatives. A direct option is to give the Lenders a Note secured by a Deed of Trust against the real property improved. If the Note is not repaid, the Lenders Foreclose. Decent lawyers can draft and record such instruments. This can also serve for some... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Can I contest a deed if it was signed under false information?

I inherited my father’s property in April and was given false information about the condition of the property as well as the deed. I signed the deed over to my uncle later finding out the information was false. Do I have a case?

Anthony M. Avery
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Anthony M. Avery
answered on Aug 29, 2022

It is doubtful you have a good case to set aside a Deed for Fraud. But you will need to hire an attorney to check out the facts, witnesses, etc. It may not be worth the trouble, but if you do nothing the property is gone . It appears that you relied on heresay and did not even examine the... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My mother passed with no will in Tennessee my brother, her 4 grandkids, her husband and I all live in the home help!

Home owned solely by her she her voiced wishes without a will to have the home transferred to my brother and I and set to transfer to her grandkids and for us to let her husband live in the home till he passes and us make sure he is cared for. Her husband agreed to honor her wishes and voiced this... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 24, 2022

If Mother owned the home individually, then you, your brother and her Husband each own 1/3 undivided interests as tenants in common. No Detainer Warrant amongst the owners, but the grandchildren could be ousted. A Partition Suit may be in order. Someone has to keep paying taxes.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in a Condo. community what percentage of the units can be rental property?
Bennett James Wills
Bennett James Wills
answered on Aug 24, 2022

Start by checking the HOA bylaws.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I made an offer in a house and had to back out, but there was never a mention of earnest money through any of this

I told the agent I had to withdraw my offer for financial reasons and she’s been telling me the sellers complaint has been making a big stink about it and said they were advising their client to speak to an attorney. Now today my agent is telling me no worries, it’s all good and sends me the... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 18, 2022

An attorney would need to review all of your documents to determine your rights and give advice on whether you should sign something. But if you made an offer using an agent in Tennessee, you very likely signed a Purchase and Sale Agreement on the standard TAR form when you made the offer. That... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I just built a new home in Tennessee. After construction was finished a trailer park comes in.

I just finished building my new home. In front of my house a man is bringing in a trailer park. There is going to be 5 trailers in a 2.5 acre lot. This will make my value of the home go down can I sue for making my resale value go down. I had no idea this was going to happen or I would have not... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Aug 17, 2022

You might check the Zoning of the Tract for compliance. Septic Systems for 5 MHs on a couple acres might be a problem. If in violation, call the County. Or there may be a change in zoning going on now where you oppose it. You definitely want to check Access to that Tract, which may directly... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I closed on my house yesterday. Today I receive a call that the buyer is mad about a area of drywall in the garage.

It’s approximately 20” around where the atv tires were rubbing and chewed it up. I didn’t think about any drywall discrepancies in the garage while signing my disclosure paperwork and I marked nothing was wrong with anything to my knowledge. Now they are talking about possibly contacting an... Read more »

Bennett James Wills
Bennett James Wills
answered on Aug 15, 2022

They could sue you - whether they prevail is another issue. But from these limited facts, it sounds like they didn't complete their due diligence prior to closing.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: House showing when rental home for sale

I allowed a showing yesterday of the house I am renting. I am moving in January when my lease is up and I want to help out the owners. The listing agent has not disclosed in the listing that the home is currently rented so 75% of the showings so far are for people expecting to move in. Yesterday,... Read more »

Henry Ambrose
Henry Ambrose
answered on Aug 11, 2022

Talk to your landlord and ask them to deal with the agent. It sounds like the agent considers you a bother. That you want to have privacy and enjoyment of your home is not unreasonable, you are paying rent and are entitled to it. Its possible that your lease covers this situation and that may... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can I force the sale of a home I shared with my ex husband if he's disabled?

Home is in both names he is disabled and gets ssdi. Can I force him to sell the home and give me half? Or does the laws protect him on this?

Bennett James Wills
Bennett James Wills
answered on Jul 21, 2022

Need some more information. But it sounds like you've been divorced but still have the house? If that's the case, an attorney would need to look at the deed. A divorce would sever the tenants by entirety status and make it tenants in common. An attorney would also need to review the... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on
Q: What are examples of Color of Title when it comes to Adverse Possession?
Bennett James Wills
Bennett James Wills
answered on Jul 14, 2022

An invalid deed - such as one obtained under false pretenses. Or for other reasons such as a deed lacking proper signatures and seals.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My house has been paid off for over a year I'm supposed to sell in 11 days just found out the mortgage company Aileen

The mortgage company is Wells Fargo and they're taking their time what legal problems can they get into if they don't release it and they make me lose the sale

Bennett James Wills
Bennett James Wills
answered on Jul 13, 2022

Your title company should be handling this issue. Contact them.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I recently purchased a property at tax auction. Can I access the property before the redemption period is over?

Sullivan County, Tennessee. Property is occupied.

I know that I can get homeowners insurance during the redemption period. I’m just unsure about the rest. Thanks.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jul 6, 2022

Have you got a Deed to the property? If not, you are not the owner. A Bill of Sale is not a Deed.

Only the owner can sue for possession. If deeded, then you can sue for a Detainer, as the Redemption Rights are not the occupant's concern. SOL may have run on Detainers, so...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have purchased a property from two brothers and filed PA. Now one brother signed deed and other is MIA?????

Bought 11 acres of a 16 acre plot from two brother that inherited it from their mother. A few months later they are in financial hardship and sell us the rest. PA signed, notarized and filed, along with saying they received funds. Now, one brother has signed the deed but the other is MIA, tho he... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 29, 2022

Hire a competent attorney immediately. You will probably need to sue for Specific Performance in

Chancery. A Title Search needs to be performed with some type of source of Title determined and placed in the Derivation of Title Clause. Who drafted the Deed, then transferred money...
Read more »

1 Answer | Asked in Real Estate Law, Foreclosure and Elder Law for Tennessee on
Q: Can a lender foreclose on a homeowner with dementia?

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 »

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Tennessee on
Q: how do i fight a petition for partition sale My mother is forcing me to sell this home.
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Jun 6, 2022

Hire a lawyer to search the title, and determine ownership and encumbrances. There may be no defense to a sale, except a possible partition in kind.

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