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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. My email is my ramroddavid@yahoo.com landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills answered on Jan 13, 2021

Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In Tennessee, if my lease expires and I do not want to sign another year , does it automatically go to month to month?
Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

Many leases include the automatic renewal clause or automatic monthly rental if the tenant or the landlord does not terminate the lease in a timely fashion in accordance with the lease terms. You must read your lease or hire an attorney to explain it to you. The attorney should also address the... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: 3 brothers inherited 50 acres. One has cut and sold timber without the consent of the other 2.

Our mother pasted 20 years ago. One brother wanted to run cattle on the property and paid property tax in lieu of lease. He cut and sold 15 acres of timber without the consent of the other two. Trustee's office still list all three brothers as owners.

Anthony M. Avery
Anthony M. Avery answered on Jan 11, 2021

The Tax Assessor does not determine who owns what. Hire an attorney to conduct a title search, then potentially sue the Brother for a share of the timber proceeds. As a Tenant In Common, he had the right to sell timber, but contribution may be in order.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I lost my job & had to stop paying on a credit card in 2012. In 2016 the company took a lien on the house. Is this legal

Was not informed about the lien until Jan. 2021.

Anthony M. Avery
Anthony M. Avery answered on Jan 8, 2021

Sounds like a legitimate Judgment which was filed as a Lien against your real property in a certain County. Judgment Lien is good for ten years from date of Judgment unless extended. Important consideration is who is the Judgment against and what property does that person own. Also are there... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I own a mobile home. It sits on my sisters property. I want to transfer the title over to her. Will there be any issues?

The title is in my mothers name ( she passed away in 2020) and in my name.

Anthony M. Avery
Anthony M. Avery answered on Jan 6, 2021

Mobile Homes are owned by Certificate of Titles. You need the serial number off the home and the title, which is then transferred the same as a vehicle. If it says "and", then you might get a lawyer to draft/record an Affidavit of Heirship, which discloses to the world who the Next Of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in TN and have a home that I am the only one on the deed because I owned it before marriage, does my spouse have

to sign in order for me to obtain a home equity loan

Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

There is no legal requirement that she convey as a grantor on the deed of trust. However no lender will loan you money if later when they might foreclose on you they have a problem with her being in possession.

She has no reason to sign the note unless she is getting the money, but the...
Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Will the house have to go through auction?

I have spoke to two lawyer who stated if we don't come to an agreement then we'd have to put the house through auction. The house has already been through probate and put in both of our names.

Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2020

I doubt that the real property went through Probate, but probably went to the Heirs. If there is disagreement amongst the tenants in common, then an Action for a Sale for Partition is in order.

1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: My sister moved into moms estate 3 years ago stating she'd buy my half out but has yet to do so. What are my options?

We are both executors and the will States if either one of us want the estate we'd have to buy the other out ($20,000). Its been almost 3 years and she has yet to buy the house but has been living there this whole time. During this time she has been non-compliant on multiple occasions and has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 12, 2020

It appears that both of you have not performed your duties as Executors. You probably want to ask the Probate Court to order sale of the real property if it is actually part of a Will directive. From what you have stated it appears that Partition is not available, as the Will controls. But... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a property disclosure from a seller that shows a shared driveway and now neighbor says no its not?

Both parties, the seller and the neighbors (at the time) said it was a shared driveway. One neighbor rescinded his lease purchase and moved and now the owner is saying that the driveway is not shared as there is no easement in either one of our deeds. The asphalt that comes up that driveway... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 3, 2020

Both owners now have clouds on their titles. Your remedy is to hire a competent attorney to file a Declaratory Judgment for a Prescriptive Easement. Your only other choice is to drive somewhere else. A Notice Lis Pendens with the Suit will definitely get the adjoining landowner's attention.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My boyfriend and his sister are the only beneficiaries in their grandmothers will. Their aunt is the executor.

In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2020

Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I would like to sue my aunt for kicking me out without eviction, packing my things for me while I was out of town etc.

She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: House and land that was transferred out of my name by forged signatures and sold while I was working out of town.

I have my original paperwork where I purchased the land and house from the owner. While I was working out of town, the land and house were transferred into someone else's name while I was still making payments. I was never told that my property had been transferred and then sold to someone... Read more »

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

Do you have a Deed? If not, then you were never the owner of anything but a personal property contractual right. You might sue the obligor on the contract for breach. But if you have a recorded Deed, then you must hire a competent attorney to file an Action for Ejectment in Chancery. There... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My son was murdered and had a mortgage with his girlfriend.

Both of their names is on the mortgage, does she get to keep it. Also how about money in the bank account or his pets.

Anthony M. Avery
Anthony M. Avery answered on Nov 24, 2020

A title search will have to be performed as the Deed of Trust is the secured debt only, not the title. Assuming she is a tenant in common or now the owner due to survivorship, she is entitled to possession and has some type of title, but is also liable on the note. The signature card for the... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am buying a house the seller is positive for COVID19 are they obligated to have the house professionally sanitized?

I would like to know before I move in.

Bennett James Wills
Bennett James Wills answered on Nov 18, 2020

No. But you could make the request through your realtor.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My ex husband has passed away, if I am still on any paper work (home and land), do I have any rights to anything?

His daughter is filing for executive of estate, he had no will

Anthony M. Avery
Anthony M. Avery answered on Nov 9, 2020

It is very possible that you might be a one/half interest tenant in common. But the divorce decree might have divested you of the same. Hire a competent attorney to perform a title search and look at your divorce. Remember land rarely goes through an Estate.

2 Answers | Asked in Real Estate Law for Tennessee on
Q: If we purchased house with 17.5 acres and have now found out there are only 11.5 do we have any recourse?

We bought a house with 17.5 acres in Tennessee. We did not have a survey done before we signed the contract we have since had a survey and there are only 11.5 acres. Do we have any recourse to get reimbursement for the missing acreage? Who would be responsible for the misrepresentation?

Bennett James Wills
Bennett James Wills answered on Oct 27, 2020

The answer is maybe. Depending on many factors, including the type of deed you received, the purchase and sale agreement terms, whether a survey was waived, etc. It could be a potential claim against the seller(s), or maybe the title insurance company, or both. You'll need to hire local... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Signing as POA real estate documents

I have my husband's POA for closing on our new home in Tennessee. I understand that the documents need to be signed in a specific way. I am very concerned because I have arthritis and am worried that I cannot sign ALL the documents. My question is: Can the POA wording, everything except the... Read more »

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Talk to whoever is conducting the closing. But I do not recommend it because you are inviting fraud. Tell them it will take longer than usual. Your Husband might want to show up alternatively.

1 Answer | Asked in Real Estate Law, Tax Law, Civil Litigation and Municipal Law for Tennessee on
Q: I've notified the property accessors office a year ago that the Mobile Home on my Dad's old land has been destroyed

But they continue to add a $29,000 manufactured home to my property taxes each year. What else can I do?

Anthony M. Avery
Anthony M. Avery answered on Oct 26, 2020

Each County has a period where Tax Appraisals can be contested. Contact the Tax Assessor in that County and find out what the process is and when. You too late for 2020 but you can file the written contested appraisal application now.

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Wife signed lease, didn’t know she signed my name also. She passed away, was going to move until I saw it

I always worked late out of town, my wife found a house negotiated the lease and signed it.. she passed in sept2020 I was going to move until I ran across the lease. She also signed my name and it’s in my name also... I have never even met the landlord in 2-1/2 years until a few days ago.. am I... Read more »

Mr. James Charles Wright
Mr. James Charles Wright answered on Oct 23, 2020

This is what I got from your post:

1. Your wife signed a lease and signed your name over 2 years ago.

2. You and your wife have been living in the property since then.

3. Your wife has now passed away.

You want to know if you are legally responsible under the...
Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: the day i close on a house and the owners adult child has not moved can i change the locks
Anthony M. Avery
Anthony M. Avery answered on Oct 21, 2020

I assume you are the purchaser. The conveyance to you is made subject to the rights of tenant possessors. You have the right to change the locks, but that adult might knock the door down. Or you might get in a fight and get arrested. Once you have title, file a Detainer Warrant in General... Read more »

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