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Tennessee Real Estate Law Questions & Answers

1 Answer | Asked in Real Estate Law for Tennessee on

Q: If I refuse to accept a mailed 30 day notice to vacate, can I stall the eviction in Tennessee

I have a contract for purchase that I haven't kept the terms of. The estate of the owner wants to evict. Can I just ignore this?

Anthony M. Avery answered on Jul 16, 2019

The owner must file and serve a Detainer Warrant, get a Judgment for Possession, then if you do not leave after 10 days, get a Writ of Possession executed. However the Contract for Purchase may alter this or cause you potential liability. Hire a competent attorney to examine the consequences of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: Our property restricts mobile homes & trailers, can we put up a modular home?

We currently have 5 acres with a home on it and would be willing to give up an acre. If we do that do the restrictions still apply to the land we gave away?

Paul E. Tennison answered on Jul 12, 2019

Most likely yes, the restrictions would still apply. However to be able to more definitively answer this question, an attorney would need to read the legal documents that this restriction is found in. Therefore, I recommend you consult with an experienced real estate attorney and bring all... Read more »

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Tennessee on

Q: Does the deed for a property say if there's a mortgage against it

Buying mother in-laws house ,copy of deed shows a transfer from his 2 sisters to parents with no lien against it ,the house has never been in sisters names and has always had a lien against it-- iv been paying the payments on this property for about 8 months I now have the money to pay it off ,I... Read more »

Leonard Robert Grefseng answered on Jul 12, 2019

You should NOT rely on statements contained in the deed. The proper way to make sure you obtain clear title to the property is to have an experienced lawyer perform a title examination ( and maybe even "title insurance").

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1 Answer | Asked in Real Estate Law for Tennessee on

Q: For a rental agreement, are the terms of breaking a lease required to be listed in the agreement?

My daughter signed a 1 year lease August to July. Was coerced into signing an extension in October for another year. Then it was determined in April, she would not need the extension. So she gave notice that she would be leaving end of July. Plus they already had a another renter lined up. They... Read more »

Bennett James Wills answered on Jul 10, 2019

There's usually a "default" provision in a lease. But in a lot of cases, if someone breaks a lease, they are usually still on the hook for the remainder of the lease term unless the landlord gets a new tenant. Then they would only be responsible for rent during the time the property was vacant.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Tennessee on

Q: If maintenance causes damage to our personal property, are they liable to replace it?

We originally had an issue upon move in of a frozen ac unit, maintenance came and “rigged” it to run anyway to get through Memorial Day weekend. They didn’t come back until we called again to ask when they were coming.

They came today and shut off one of the units. After about an... Read more »

Paul E. Tennison answered on Jul 9, 2019

Based on the facts as you described them, they should replace your property that was damaged. The way you are going about it by emailing them pictures of what is damaged and requesting reimbursement is good. That could work. If they are unwilling to reimburse you after that, your next step could be... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on

Q: I was not able to get financing for a home, who do I speak to in order to get back earnest money.

I was not able to get financing due to the fact that the house needed multiple repairs. I have a denial letter and am within the correct time frame. Who do I speak to to get EM back? The sellers agent or the title company?

Vincent Gallo answered on Jul 5, 2019

I would send the denial letter to everyone.

1 Answer | Asked in Real Estate Law for Tennessee on

Q: In the State of Tennessee is a landlord required to have a Rental License when they just rent out 1 home?

Anthony M. Avery answered on Jul 3, 2019

No. And there is no such thing as a Rental License although there are Licenses of various types where those Licensees rent out properties.

2 Answers | Asked in Real Estate Law and Probate for Tennessee on

Q: What was required for real estate to be legally transferred to a Revocable Trust in Tennessee prior to 2015?

My parents died in 2011 and 2014 respectively. They had a pour over Will and a Revocable Trust. The Revocable Trust became Irrevocable automatically upon my mother's death in 2014. The Trust does not itemize any property. It just has a generic statement that they intend for the Trust to receive... Read more »

Anthony M. Avery answered on Jun 26, 2019

If the real property was never conveyed into the Trust, then it is not part of the Corpus. Was the Trust ever in effect? Without a Trustee, there is no Trust. You may be creating a title problem when it did not exist previously until you started telling the world. Hire a competent attorney .... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on

Q: Landlord decided he wants to sell house we are renting. Asked how much, he sent a text message with the amount

got approval from bank next day, I pay all closing costs etc.. now 4 days later landlord says he wants $5,000 more than originally told. how do I lock him in on this price? not gonna let $5,000 cause me to have to pack up 6 kids and look for another home, just don't want him to continue to... Read more »

Bennett James Wills answered on Jun 24, 2019

Did you sign a purchase and sale agreement contingent on you obtaining financing? The question will be whether the "text message" was an offer and if there was a valid acceptance. He wouldn't be able to increase the price if you have a valid and enforceable contract. Consult local counsel to... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: A shed was built without knowledge on an angry neighbor's property five years ago. What are the legal ramifications now?

The shed has been present for five years. This past spring, the neighbor has declared he "won't stop" harassing us until we do everything he demands in our yard. I have had to call the police on him for invasion of privacy. The situation is hostile and a powder keg. We had a survey done in... Read more »

Anthony M. Avery answered on Jun 19, 2019

A boundary line may be declared between the two tracts. Damages for the shed being on someone else's property may be adjudicated. Also damages for Trespass may be assessed. Slander of Title might be involved. Court Costs, and possibly Master/Survey fees may be ordered. But no significant... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on

Q: My ex husband & I own a home together which we bought while married. The deed lists both our names but me as wife.

We are currently both still living in the home and have no plans to sell it. Should one of us die, we want the full ownership of the home to become that of the surviving owner. Do we need to change the wording of our deed for this to happen or will it automatically go to the surviving owner even... Read more »

Leonard Robert Grefseng answered on Jun 18, 2019

It will NOT automatically pass to the surving spouse ( strictly speaking, you are not a spouse). A new deed needs to be prepared, signed and recorded which adds survivorship rights.

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1 Answer | Asked in Real Estate Law for Tennessee on

Q: My mom passed away she was married But they haven’t been together in years How can I get her belongings

Anthony M. Avery answered on Jun 17, 2019

You might file a Small Estate Affidavit in the County where she died. But you also might want to talk to a local attorney to see if any real property is available. If there is little or not property, do not Probate.

2 Answers | Asked in Real Estate Law for Tennessee on

Q: Person listed as tenant in common with his sister dies intestate with no spouse and 2 kids. Deed never transfers to kids

If the surviving sister wants to sell the property years later how can she do so if there is no paperwork showing the heirs have rights to the deceased's stake in the property. She knows they would have a claim to the property from their fathers stake. Can she transfer ownership with a quitclaim... Read more »

John Ryan Poole answered on Jun 14, 2019

If the deceased sister did not devise her interest in the property to her children through a will, the surviving sister would likely be entitled to assume sole ownership of the property. If the deceased sister's estate is still in the probate process, the surviving sister could secure an order from... Read more »

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1 Answer | Asked in Real Estate Law and Small Claims for Tennessee on

Q: Bro-n-law recently passed away, never married/no children. My husbnd is last kin/inherited condo.

No savings, no 401K, no assets. Household furnishings less than $3K. Title company requires TennCare Release before we can sell condo. Can TennCare come after us personally for amounts owed?

Anthony M. Avery answered on Jun 8, 2019

TennCare can go after the real property, and could possibly go after the proceeds in your hands. But the risk is minimal and it can be insured against. If you want to sell it, find another buyer and/or title co. After one year from date of death, it would be unusual for a creditor to come... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: How long do I have to get my personal Property off of a property that I just sold when it was not convey in the sale

I just closed on my sale of my home and was only given a week after the appraisal come back ok to sale for the price we were asking and I could not get my storage building moved in time because every place that moves them Are a week behind and the build was stated in the contract that it did not... Read more »

Anthony M. Avery answered on Jun 7, 2019

You did not know what you were doing when you sold the home. The owner probably claims the storage building is a Fixture, and may be correct depending on how you (or him) affixed it to the lot. It may be worth your while to file an Action To Recover Personal Property in General Sessions Court.... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on

Q: Neighbor cut down trees clearing his property and left them on my property. What are my options?

Have tried contacting him to find out the timeline for removal. Have texted and called but not getting a response. Looking to see what my legal options are since he doesn't want to respond to my inquiries.

Anthony M. Avery answered on May 29, 2019

You may be able to get the General Sessions Judge or Magistrate to issue a Trespass Citation. If any of the trees were yours, then you can sue for

conversion or a property tort. But there may be a boundary line dispute, or he claims he did not cut the trees. It may be the work of...
Read more »

2 Answers | Asked in Real Estate Law for Tennessee on

Q: His wife is suing her husband's parents for 1/3 of the property that his name is on, which cuts out his 2 sisters.

He was 1 of a total of 4 people listed on a piece of property that was owned by his parents. He never put any money into the property but his sister did. He filed a chapter 7 bankruptcy in 2011 because of his wife's spending. He died intestate in 2013. Since then, his wife has filed bankruptcy... Read more »

Anthony M. Avery answered on May 28, 2019

What is your question? I doubt the two sisters and whoever else was an owner are being cut out of anything. I would suggest a Title Search to see exactly what interest the Husband died owning. Without a Will being Probated, the property was possibly titled in Tenants In Common, and assuming... Read more »

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1 Answer | Asked in Constitutional Law, Land Use & Zoning and Real Estate Law for Tennessee on

Q: If I am renting a house to own from a individual and bank forecloses on it what rights do I have?

Having minor children. And doing all repairs myself

Anthony M. Avery answered on May 23, 2019

The Bank will take subject to your status as a renter. But it is very easy to declare you in default and file a Detainer Warrant on you. You get served then go to Court. If not out after 10 days , the Bank will get a Writ of Possession issued and executed by the Sheriff. The Bank is the owner... Read more »

1 Answer | Asked in Real Estate Law and Tax Law for Tennessee on

Q: If a property. Is foreclosed on can you contact the lawyers

No

D. Mathew Blackburn answered on May 21, 2019

The lawyers for the party that foreclosed? Sure, but they're not going to do anything for you. I'm not sure what purpose that would serve.

1 Answer | Asked in Family Law and Real Estate Law for Tennessee on

Q: Im separated from my wife but haven’t filed for divorce. My underwriter is asking for a separation agreement now?

Trying to buy a new home

Anthony M. Avery answered on May 17, 2019

This is not a good time to buy any real property. Complete the Divorce first.

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