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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Gov & Administrative Law for Tennessee on
Q: how to sell a join property in India owned by my aunt and uncle (green cred holder) in USA. uncle died without a will.

the husband and wife is a green card holder in USA . Death certificate of the husband is available. can you please advice what is the procedure in changing the share of the property in India to her(wife) name. Also,this couple has no children.

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

You will need to hire a competent attorney. Heirship determination will be according to the State of death. An interpreter may be needed. India's laws will control the Deed's terms and recordation if a Deed is needed.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: I have 2 trees sitting on my property line and I would like to put up a fence can I cut the trees down.

The trees are on the property line so they are on both properties.

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

You will want to ascertain the Boundary as accurately as possible. Read your's and the adjacent owner's Deeds. Usually you will want to make the trees part of the fence, but you can probably cut them. But do not be surprised if a Boundary Dispute erupts.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Does my wife have to be bought out of her portion of ownership of a house or can she be sued for her percentage?

My wife is a partial heir to her deceased grandparents house. Her cousin is another partial heir and wants to keep the house for himself to live in. He is threatening my wife with a lawsuit if she does not sign a quit claim deed, giving him ownership of her portion. Does he need to buy her out or... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on May 19, 2022

Actions for a Sale For Partition are filed alot. She can sell her Tenant In Common Interest, do nothing or get sued for Partition.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: how does one acquire abandoned real estate?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 17, 2022

Hire a very competent attorney to search the title. It sometimes clears the title to buy at a Tax Sale, but again you will need an attorney to draft a Deed. Determining Heirship might get you close to a purchase.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Neighbor built house either on my property or two ft away from the line. What are my options either way?

I am having a surveyor coming out. I did find out however my neighbor did not have a land survey before building the house.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on May 13, 2022

Apparently you do not know your boundaries at this point. Your allowing a house to be built on your land without protest will be used against you. Hire a competent surveyor now, then take the plat to a competent attorney. It will be difficult and expensive, with the minimum result of a Boundary... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can you have the names on a deed changed?

My husband and I have been living in his grandparents home for 13 years. They have been deceased for 10 years. We have their deed, but do not know what our legal rights are are. The house is needing work and we are not able to take a loan out because the house is not in our home. What are our... Read more »

Bennett James Wills
Bennett James Wills
answered on May 11, 2022

You need to first determine whether your husband is the sole heir of the property. If his parents are alive, or there are siblings, this will help determine options. Typically, when someone dies without a will, property is passed to the next of kin by statute. The heir files an affidavit of... Read more »

1 Answer | Asked in Tax Law, Foreclosure and Real Estate Law for Tennessee on
Q: In a property tax sale do all interested parties need to be notified of the county tax suit, and the tax sale itself?

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 »

Anthony M. Avery
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Anthony M. Avery
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 »

1 Answer | Asked in Criminal Law, Real Estate Law and Probate for Tennessee on
Q: What can I do to stop a person from quick deeding my house to themselves as if I sighed my house over to them?
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 28, 2022

Not sure of your question. But if they have no source of title, then the grantor cannot convey. There could be a felony involved for a totally wild deed. But worse they may claim some authority, and you will have to file a very difficult, expensive case in Chancery to set aside the fraudulent... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: we are purchasing land in the state of tennesse. Is it required that we use an attorney for a simple land contract?
Mr. James Charles Wright
Mr. James Charles Wright
answered on Apr 25, 2022

You are not "required" to use an attorney to purchase real estate in Tennessee. However, I would encourage you to consider using a real estate agent. There may be issues you are not familiar with that a real estate agent may be able to help with. You also may want to use or talk to a... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Civil Rights and Landlord - Tenant for Tennessee on
Q: Memphis TN I need to know exact steps that I need to take in order to retrieve my personal property . Court forms etc

I want a police escort and need to know the proper way to handle this. My roommate was going into my room and stealing my things and I have proof on camera. She is bitter and is refusing to let me have my belongings. She claims I have plenty of money and parents to buy myself replacements of... Read more »

Anthony M. Avery
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Anthony M. Avery
answered on Apr 22, 2022

Action to Recover Personal Property in General Sessions Court. Bond will probably be required, so determine if the stolen items are worth it.

1 Answer | Asked in Divorce and Real Estate Law for Tennessee on
Q: Can my wife sell our home without my knowing when we purchased together although I wasn't able to sign the deed?

We both have lived in the home since day one.

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 15, 2022

It is very possible that you are not the owner. And if not, you may only have a possessory interest as a homestead, if that. Hire a competent attorney to conduct a title search and determine ownership. Title Insurance rules wanting both spouses to sign is not law nor legally required.

1 Answer | Asked in Business Law, Contracts and Real Estate Law for Tennessee on
Q: I am buying in Tennessee and have not signed a contract.

I am buying a rent-to-own home in TN. I have not signed a contract. Can I be charged a late fee, for first late payment?

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 7, 2022

You may want to rethink this transaction. The landlord will probably keep whatever money you pay him and file a Detainer Warrant.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What should be included in rent to own contract by private seller?

I am buying a home in Tennessee. I put $10,000 down on a rent-to-own home. Payments will be $880 per month (including insurance), owner carrying the balance of $85000. I can pay off early with no penalty. I have not signed a contract yet, what should I make sure is included in the contract?

Bennett James Wills
Bennett James Wills
answered on Apr 7, 2022

This is a complex question. Depends on what you ultimately want. Land contracts are usually complicated. Take any proposed contract to an attorney to discuss your wants and needs and to make suggestions.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I’m going to buy a property but i want to be single owner not sharing with my husband What should I do??
Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Apr 3, 2022

There are several methods. You can simply have it transferred to you individually, possibly saying you are married. But if he lives there he might have Homstead Rights. If it is very valuable property, you could form a corporation to hold it. There could be many different Family interests... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have property that is fixing to be put in my name and was wanting to know how it will effect my disability

I haven’t been to court yet but it’s coming up

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

It could disqualify you. Talk to your SS attorney now, then conduct the conveyance accordingly.

1 Answer | Asked in Real Estate Law and Foreclosure for Tennessee on
Q: A house included in Estate Money owed to bank so it was auctioned off.

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

Anthony M. Avery
PREMIUM
Anthony M. Avery
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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My mother passed one year ago but two months before her death she quick deed her house to my sister sailing the home

There is no will can she evict us

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 16, 2022

If the Sister is the owner, then she can file a Detainer Warrant against any other non-owner occupant.

As the Son, you might want to search the property's Title at the Register's Office and determine Title.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What can i do to get my 70 year old brother to move out of my house that was basically left to me when she passed in '21

The Will stated that I could live in the house as long as I desire but if I sell the house the money I get would be divided 4 ways between me and my 3 siblings. At the time the will was written my brother was off the grid. He came back 3 years later, My mom being elderly could not bring herself to... Read more »

Anthony M. Avery
PREMIUM
Anthony M. Avery
answered on Mar 16, 2022

An agreed sale and deed are probably your only option besides hiring an attorney to prosecute an action for a Sale for Partition. There the Heirs At Law will split the net proceeds of the Sale. You cannot file a Detainer Warrant against another Tennant In Common.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Sudividing paritition.1 lot (3,97) into2 tracts house on each par.deed recorded ,which metes bound are the legal descr

Description 3,97 or the 1.50 and 2.47 both done by surveys 1st unrecorded but state on warranty deed 2nd was recorded with in parity on deed which is legal

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

What is your question? There may be mistakes, but how does it affect you?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My home was purchased 13 years before marriage. I owe less than 5K. Is spousal signature required at closing of a HELOC

My home was purchased in 2016. My wife and I married in 2016. Her name is not on the deed and the mortgage is paid from my personal bank account. With less than $5000 remaining on the mortgage, I've been approved for a HELOC. However, the bank is requiring my wife's signature on the... Read more »

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

If the lender demands the spouse's obligation on the Note, then that is their prerogative. You may have to borrow somewhere else.

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