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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Which takes precedence RULE 69.07: or Tenn. Code § 66-25-102 ,,

I payed the judgement liens and now they say they have 45 days to remove the liens from my home. I need to sell so I can move to a retirement home. Thanks

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Usually the Statute controls. But as a practical matter what counts is removing the lien. Why did you pay it off without getting it released at the same time? They may take a year or never release it. Your only recourse is to file an expensive suit, hopefully in the same Court that rendered... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I got a house and a double wide and my land and they are on the same address would the double wide be mine

There are on the same probity I'd number

Anthony M. Avery
Anthony M. Avery answered on Oct 15, 2019

Mobile Homes usually have a Document of Title, and are considered personal property usually. Unless they are a permanent fixture to the land, they are still mobile. Whoever has the Title Certificate has the best claim to ownership of the Mobile Home. Your paying property taxes on the Mobile... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on
Q: I bought a property at tax sale, lien holder is asking me if I would like to buy their redemption right. This is a 1st

mortgage and the only lien.

If I pay this lien will I be able to full ownership and can take the property?

Could I ask for the overage back?

Property in in Tennessee, Hamilton county TN.

Thank you, Les Lazarus email saturnles@yahoo.com

Anthony M. Avery
Anthony M. Avery answered on Oct 14, 2019

It is not a lien but a right of redemption for a certain period. You could wait to see if the mortgagee exercises its right of redemption, which is paying you money. After the period, and the right is not exercised, the property is probably yours. But you need a competent attorney who will... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: A Deed of Gift of farm land in Miss. was inherited by my husband and his siblings. No one has their own tract or title.

My husband wants to identify and have title to his 1/5 tract of land. What is the process for doing this?

Anthony M. Avery
Anthony M. Avery answered on Oct 10, 2019

Mississippi Law controls where the real property is. But I am sure there are Partition Statutes there like Tennessee. If possible you could have a surveyor divide it up, and four owners convey their interest to one until five deeds are executed with five individual owners. But more than likely... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I signed a year long lease for a townhome but I must break it to move out of state. Landlord is asking for 4 months rent

My job is moving me to Dallas for a promotion. There is nothing in the lease about what to pay in case of breaking the lease. At first, he said that I wasn’t allowed to break it and there was nothing that could be done. Then he talked to the owner and they said 3 months but now changed their mind... Read more »

Paul E. Tennison
Paul E. Tennison answered on Sep 30, 2019

The lease break penalty should be specified in the lease. If it is not specified then default rules of the TN Uniform Landlord Tenant Act should apply. (in counties with over 75,000 residents) See T.C.A. Section 66-28-101. Unfortunately, the default rules state that the tenant is responsible for... Read more »

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: In Tennessee... how long do restrictive covenants run?

The HOA that I am a member of has restrictive covenants, and no expiration date is listed on the document. The covenants appear to run with the land, as most of the subdivision is still just land, and not many homes are built yet. Are the covenants permanent, or does Tennessee code have something... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 24, 2019

Generally speaking covenants running with the land are perpetual. The Master Deed may have some limitations or the HOA may fall into disarray. They may become unenforceable, but are not rescinded per se, as once they are out there, it is forever. You might try to transfer in violation of them... Read more »

1 Answer | Asked in Civil Litigation, Estate Planning, Family Law and Real Estate Law for Tennessee on
Q: can i sue for my fathers estate if my mothers being kept from her family by her poa under undustress

myfather passed away 2 weeks ago, my mothers niece i met maybe 5 times my life assumed poa as witnessed by my son by scare tactics and coaching my mother in a vulnerable state, and recently expressed this to many to verify, and its been signed off and other favors by her cousin on who is a... Read more »

Nina Whitehurst
Nina Whitehurst answered on Sep 24, 2019

If you believe your mother is being physically or emotionally abused or being taken advantage of financially, contact your local Adult Protective Services office.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a husband take any of the property if the title is in my name and it was paid for with my inheritance
Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 24, 2019

This is too complicate to answer in this simple question/answer format. if I understand what you are asking- it certainly sounds like it would be unlikely that a judge would award any of this property to your husband in a divorce situation. However, that are many other factors the Judge MUST... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Are sellers required to keep utilities on for the final walkthrough?

This home is in Tennessee. Sellers have turned off power 5 days before closing. Our contract states that home is to be in same condition as the date of the bonding sales contract for the walk through. I assumed that meant utilities.

Vincent Gallo
Vincent Gallo answered on Sep 15, 2019

That would depend upon how the contract reads, but common sense would tell you that a purchaser should have required it as a condition of signed the contract.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In TN when you sign a repair, replace agreement, and then the seller won't sign it what recourse do we have?

The seller would not do all the repairs listed on the home inspection so we agreed to do the repairs she did not want to do. we signed the agreement, in good faith now she will not sign it.

Anthony M. Avery
Anthony M. Avery answered on Sep 13, 2019

So.... It appears that you made a new agreement to perform repairs yourself. That is, no breach of contract apparently. And it is doubtful you would collect anyway. You made a mistake modifying the Contract yourself, and possibly should have walked. Always have an attorney in any real... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: My tenant’s AC stopped working one evening. I missed her calls and she called repair man herself.

She got it fixed and texted me she would just deduct from rent. I know this isn’t legal but what is Landlords recourse? Can I withhold deposit for the repairs? It was a matter of a few hours, not even 24hrs to remedy on my pair.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 13, 2019

If she doesn't pay the correct amount of rent- that is a breach of the lease. She can only withhold rent in very limited circumstances, and as you say, it does not appear that she gave you enough advance notice or time to perform any repairs ( this assumes you are located in an area covered by the... Read more »

2 Answers | Asked in Banking, Estate Planning and Real Estate Law for Tennessee on
Q: My grandfather passed away and left his estate in my name. My grandmother is still alive and the bank is threatening

foreclosure, because they owe $27,000. As the property owner what are my options?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If the bank is threatening foreclosure- that usually means they have a lien on the property, and if you acquired that property by inheritance, you acquired the property SUBJECT to the Banks lien: this means that if you want to keep the property, you will have to pay the loan. You don't owe the... Read more »

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: My landlord wants me to pay to get a water damaged countertop replaced in my kitchen, but I was not negligent.

They cited improper wiping, but I know I did not expose the area to water beyond normal use. I strongly suspect the problem is due to the laminate countertop not being properly installed and/or sealed where the countertop meets the backsplash piece. What recourse do I have?

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 9, 2019

If you refuse to pay, the landlord is likely to try to evict you. Ultimately, you could go to court and let a Judge decide what caused the damage.

If they evict you, the landlord will try to withhold your security deposit.

I would not agree to pay for damages I did not cause, but...
Read more »

1 Answer | Asked in Business Formation and Real Estate Law for Tennessee on
Q: i am loaning money for a house flip. I will have a promissory note. Is that enough to protect my investment?

The house is to be short term leased from the current owner during the renovation, so the person I am loaning to won't own the property until the day before it is re-sold.

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Sep 5, 2019

NO- if I were you, I would not loan money on real estate without a lien on that real estate. If the deal goes bad, you want to be able to force a sale of the property to get your money back. The current owner will need to sign the note and a deed of trust/mortgage.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If contracts are signed is property and dwellings considered sold even if sellers have 60 days to vacate
Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2019

Transfer of title is by deed usually. Without a deed the buyer only has an equitable conversion, which is enforced by specific performance of the contract. Buyer may also need to file a detainer warrant after title has been obtained or declared by a Court.

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: What happenes if seller doesn’t honor contract
Anthony M. Avery
Anthony M. Avery answered on Sep 2, 2019

Read your contract verbatim. It may have a liquidated damages clause. Otherwise the buyer can sue for Specific Performance of the Contract. Alot of times the seller owes a commission to the agent, and there may be an earnest money fund up for grabs. But the buyer had better performed a title... Read more »

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1 Answer | Asked in Real Estate Law, Civil Litigation, Elder Law and Land Use & Zoning for Tennessee on
Q: Owned home in Nashville,TN almost 12 yrs.My neighbor 2 doors down bought the house between us 4Airbnb/Rs13 enchroached

My land when he said he would not dig up my land and if did would let me know,. He took the chain link fence down 30' that's been up for years without my permission, to bring in bulldozer/grader.for building a drench. he could of taken down his fence since he owns the property . I asked him in... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 30, 2019

You have a Boundary Line Dispute, and actions for Trespass and possible Tort Damages. You probably need a competent attorney to perform title searches on both properties, and may need a boundary line survey. All of this is expensive, and you will probably recover very little but defend your... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My roommate assaulted me with a fire arm. My land lord won’t allow me to break lease.

Roommate hasn’t been removed from the lease. If found not guilty, he will be living with me again on the 24th. My landlord will not let me give my 60 day notice without my assaulting roommate’s signature. He has a huge drinking problem. My roommate was arrested and tazed by the police.

Bennett James Wills
Bennett James Wills answered on Aug 28, 2019

Consider seeking an order of protection. That could prevent the roommate from coming back to the house. Consult local counsel for your best option.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: what does buyer's obligation under this agreement shall survive the closing of the sale from seller to buyer and

Constitute a lien on the real estate until released by the seller means?

Anthony M. Avery
Anthony M. Avery answered on Aug 21, 2019

I would have to examine the instruments to really know. But it sounds like it is just sale contract terms which incorporate the note and deed of trust terms (obligations), which of course exist after the closing (final execution) of the sale contract. Apparently this is an owner financed land... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Tennessee on
Q: I have a tenant that has not paid rent in three months she finally moved out and moved to Tennessee house with Maine.

She fluttered part of the house damaged walls ceiling and doors. Good luck at state so I couldn’t feel her I think the collection agency after her and she refuses to pay. What are my options to get the money she owes over six grand? Can I sue her and Tennessee myself or should I let the credit... Read more »

Anthony M. Avery
Anthony M. Avery answered on Aug 20, 2019

You might file a Sessions suit for the Lease Breach by not paying, if you know how to serve her. If you get a Tennessee Judgment for the Rent owing, you can file it as a Judgment Lien in whatever County in Maine she lives in. I do not know how many years the Lien will be good for, but this may... Read more »

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