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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Probate for Tennessee on
Q: How do I record a holographic will in Tennessee
Anthony M. Avery
Anthony M. Avery answered on Mar 29, 2021

You do not record a Will except a certified copy of a Probated Will as a muniment of title. Wills are filed for Probate. But first you need a competent attorney to analyze whether you should administer an Estate or not.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I get excessive funds from my dads house that sold in foreclosure after his death.He left everything to me in a will

I’m the step daughter and he lived in the house with my mom but she passed before him. He does have 2 kids in another state that he’s signed his rights over to. The will leaves everything to me so am I the only one to collect the funds from the house?

Anthony M. Avery
Anthony M. Avery answered on Mar 26, 2021

I am not sure what you mean about the two daughters' rights. If the Will is filed for Probate, apparently you receive the entirety of his personal property and residue. And the right to receive money is a chose in action, personal property. If the Will is not Probated, it has no effect and... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Tennessee on
Q: The funds from selling our house are delayed b:/c Buyers lender sent to wrong acc’t# NOT OURS. Options/Recourse?
Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

Did you sign the Deed? Hopefully not without being paid. Noone completes a real estate transfer without receiving some type of certified funds in hand. Wire Transfers are asking for a ripoff. Did anyone tell you that the funds were sent when they had not? You probably were talked into using... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Attorney acting as title agent did not deposit earnest money and seller now refusing to sell. Is this legal?

We were under contract to purchase real estate and were notified week of closing that seller refused to close because title agent did not deposit earnest money although it was sent to them immediately.

Anthony M. Avery
Anthony M. Avery answered on Mar 22, 2021

It does not appear that you actually had a contract to begin with. But even if breached, you would be lucky to get the earnest money back. I doubt that you would want to actually prosecute a Specific Performance Action. Most title companies do not have any attorneys, so you may be mistaken.... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Tennessee on
Q: Is this legal?

I Entered into a lease for nine months in an apartment in Chattanooga Tennessee back in November. After having many issues unresolved (including excessive pet waste, litter, and non-residents jumping a fence and entering the complex and wandering around) we decided to leave, providing 60 days... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 15, 2021

The terms of your lease will ultimately control the situation - in my opinion and without the benefit of reviewing the lease. Yes, it is true that in large counties the Tennessee Uniform Residential Landlord Tenant Act applies. But the courts are not permitted to blue-pencil leases/contracts in all... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Do we have to wait 1 year to sell inherited properties in order to avoid probate? Properties were in a trust at DOD.
Anthony M. Avery
Anthony M. Avery answered on Mar 12, 2021

There is no statute requiring you to wait at all. However most buyers will want the title cleared a bit. If the properties are trust corpus, then apparently they were not owned by a deceased person. and not possibly subject to any debt. Whatever the case, hire a competent attorney to search the... Read more »

1 Answer | Asked in Real Estate Law and Elder Law for Tennessee on
Q: Sister left me trailer that she moved on my property 12 years ago Would a nursing home be able to take it It is attached

Signed title to me and has funds to pay nursing home for apx 2 years. She moved to NC.

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

It might be possible, but extremely not probable. She is in NC not TN. I would not worry about it as she probably has forgot about her former property. The only thing that is a possible problem is NC law, not TN. If they really come after it. let them have it.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My dad and siblings jointly own property. My dad quit claimed an acre. can someone else quit claim w/o dad's signature

When he quit claimed his acre does he lose any say over the rest of the property?

Anthony M. Avery
Anthony M. Avery answered on Mar 5, 2021

It appears that you do not know who owns or formerly owned the real property. Anyone can quit claim whatever interest they have in a property, with or without another tenant in common's consent. If Dad has an interest in the rest of the property, he is still a titled owner. Hire a competent... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Bought a large plot of land was told old tractor goes with it. Now some one claiming the tractor is his after 90 days

Contract says all personal property left on real property is now the grantors.

This person not the person I bought the property from says tractor is his.

Person I bought property from says tractor went to me in the sale.

He tried to have me arrested for theft but had no... Read more »

Bennett James Wills
Bennett James Wills answered on Mar 4, 2021

Retain an attorney if you have been sued. But the first part of your question says that "all personal property left on real property is now the grantors." The "grantor" is the seller. If you purchased the property, you would be the "grantee." Perhaps that's a typo... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a county consider your property a mobile home park if you have 2 or mobile homes on it
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2021

It is possible. But what is the current zoning? And has there been any applications for multi-party, or at least large, septic systems? The Tax Assessor may be wanting to assess some Special Interests, where there is still one tax parcel, but several sub-parcels are apportioned for taxes.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: We have recently located and purchased a home in Dayton Tn the two previous owners had the home with an ajacent lot the

2nd owner sold the property with the house and sold the lot next door to another person come to find out the fence that seperates the two properties part is on the next door lot and now the new owner has made us aware and to move the fence we thought we purchased a house with a fence and now we are... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 26, 2021

It sounds like you did not check the title and/or needed a survey prior to purchase. Two title searches must be performed on the adjoining properties. Possibly a boundary line survey and/or boundary line agreement is needed. Hopefully suit for a Boundary Dispute can be avoided, but both... Read more »

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Do you need a jury trial or bench hearing for easement issue
Anthony M. Avery
Anthony M. Avery answered on Feb 25, 2021

Either party can initially demand a jury. However most Declaratory Judgment/Injunction Actions involving Easements in Tennessee are usually before the Chancery Courts without a jury. In Chancery, jury trials are sometimes held with the jury determining special factual issues. There are... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Hello, I have a questions about a refinance in Tennessee.

I'm the sole owner on the deed and mortgage of my primary residence. I was recently married and I want to refinance the property. The lender says that my wife has to be on the deed / mortgage. I want to continue being the sole owner and I have a prenuptial agreement stating that my house stays... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 17, 2021

There is no law requiring her to be a grantor on your Deed of Trust. But if the lender requires it, then she either signs the Deed of Trust and/or the Note, or they do not lend the money. The lender is concerned about foreclosing on you and she being in possession with homestead rights and/or... Read more »

1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Can we have the house transferred to us since we pay all of the bills including taxes and fixed holes in the walls ect

We have been paying taxes since 2013 just enough to keep it out of foreclosure. The house was left from my husband’s grandmother to his mother and uncle his uncle doesn’t want it and gave a verbal “ok” for us to move in and do what ever but his mom who PAYS NOTHING OR KNOW WHATS GOING ON... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 16, 2021

If the owners do not wish to transfer the property to you, then no. It is their property subject to the Deed of Trust. If the Note is not paid, foreclosure will occur where you might make a bid. If taxes are not paid, then after a while the County will have a tax sale. This is not a tract... Read more »

1 Answer | Asked in Intellectual Property, Real Estate Law, Estate Planning and Probate for Tennessee on
Q: (TN)My grandmother and stepfather were in the deed to property. Grams had my uncle and mom only

Uncle passed years ago(10) then grams passes. 3 months ago my stepfather passes(no kids, just me since I was 3) and a few weeks ago my mother passed. My uncle was married with no children. Does my aunt(living in michigan) have any rights to my mom's house?( Only asset in the family) I was... Read more »

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

Hire a competent attorney in the County where the property is. You need a title search, a determination of heirship (maybe two bloodlines or more), and an Affidavit of Heirship, which will be the Heirs' recorded source of title. Better check the property taxes too, or the Trustee might sell... Read more »

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My husband and I remodeled and repaired my sister's house and moved in with her as her wishes to take care of her.

She passed away with no will, but 1 living parent and that parent wants the house. Is she required to legally evict us through the court. State of TN

Anthony M. Avery
Anthony M. Avery answered on Feb 10, 2021

The Parent will have to file a Detainer Warrant against both of you. The Warrant must be served or posted, heard until a Judgment is rendered, and if you are not out of possession within ten days, get a Writ of Possession executed by the Sheriff.

1 Answer | Asked in Land Use & Zoning and Real Estate Law for Tennessee on
Q: Land, with no living owners, no one paying taxes on it, can someone else catch up the taxes and aquire the land?

Both owners have died and no one has claimed the land or paid taxes on it in at least 3 years. How can someone else legally acquire the property?

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

A title search is a must here. Then you will know who the owners are now. Also contact the Tax Assessor about when a Tax Sale might occur. Ultimately you may be able to get a Deed from the owners or buy at the Tax Sale, for which you will need an attorney to actually put the property in... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to file a lien to secure my interest in the property I’ve been living on.

We have lived here on the same property for 16 years. I want to file a lien so that I can recoup my money and interest that I have in this property. We have improved the land, maintained the road, kept up with the renter and his payments, have paid several years property taxes, and the list goes... Read more »

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

Everything you have done will probably be deemed a gift and/or rent payment.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to file a lien to secure my interest in the property I’ve been living on.

We have lived here on the same property for 16 years. I want to file a lien so that I can recoup my money and interest that I have in this property. We have improved the land, maintained the road, kept up with the renter and his payments, have paid several years property taxes, and the list goes... Read more »

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

The only possible lien would be a Mechanics and Materialman's Lien. I do not think that your situation will qualify, but you might hire a competent lawyer. It is only good for 180 days and then you have to execute it. It does not appear that the owner will grant you a Note and Deed of... Read more »

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Refinance Title Issues in Relation to Estate Planning

This last week my wife and I refinanced our home. The home has closed and we missed the three day right of cancelation. In all, things are good as our refinance saved 10 years and 2% on the rate, but there is a problem. My name is not on the title and it is only my wife's as a married... Read more »

Nina Whitehurst
Nina Whitehurst answered on Feb 8, 2021

You have a very legitimate concern, and the lender should not have documented the loan this way, but that is water under the bridge. You can create a new deed from your wife to both of you. Under federal law, the lender will NOT have the right or ability to call the loan due as a result of that... Read more »

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