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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
There is no will can she evict us
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 14, 2022
What is your question? There may be mistakes, but how does it affect you?
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Warranty deed looks homemade from mother to husband and refinanced on same day 2 diferant insurment # now he’s tring to sell I’m her daughtery’ need stop all property
answered on Mar 8, 2022
if the Deed meets the requirements of your state, it may be found valid. However that's assuming all of the signatures are authentic. If you feel there may be some wrong doing, I suggest speaking with an attorney in your jurisdiction who may be able to help you ensure your mom's rights... View More
I am looking at acquiring the seller's interest in a Installment Land Sale Contract on property in TN. I've bought in other states, but not sure if they are used in TN and as such are they enforceable in TN? Is a judicial foreclosure required? Thank you
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 4, 2022
A Contract For A Deed is just a Lease With Option To Purchase. Most "buyers" have Detainer Warrants filed on them way before they get close to exercising their option. The landowner has all the leverage here. And often the landowner will be foreclosed on, have a tax sale, etc.,... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2022
The owner will have to file and prosecute a Detainer Warrant in General Sessions.
My mother and father divorced in 2010. Father quit claimed the house to my mother to remove his name. It was never filed with the county clerk and the house is still in both of their names. My mother passed away last month and my father says he can’t deed it to me solely because he says their... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 2, 2022
Not sure what the City Clerk has to do with this. But if he is the owner, probably as the Surviving
Tenant By The Entirety, then he can convey title. There may be a possible challenge by the Estate, but that is doubtful and does not prevent the conveyance now. It does not sound like... View More
When my husband's parents passed away last year, we inherited their home. About a month later, we got a note from the HOA that they hadn't paid most of the time, about $1280 worth. Now that our name is on the deed, are we responsible for that past due amount? I've looked through the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2022
HOA dues are a lien against the property, not the owners. If not paid, foreclosure occurs whether you bought or inherited the condo.
How to get HOA to reduce/eliminate dues (330/yr) for residents not benefiting from any HOA amenities (security gates, private roads) since my house is outside that area. I must use Co. road and no security gates provided. Is this a breach of fiduciary services because I get no amenities that the... View More
answered on Feb 22, 2022
You would be wise to have an attorney review the HOA bylaws and CCRs. Something seems off that you're being assessed HOA fees without the benefit of receiving services.
My landlord just wanted someone staying in his home. Recently was going to sell me the house, now changed his mind. During that time he told me to not pay rent for 2 months and save money to buy the house. When I asked the rent amount (my roommate paid rent I didn’t & he’s now moved out) he... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 21, 2022
A Detainer Warrant has to be filed and served or posted. Court awards possession to owner, and if you are not out in 10 days, the owner gets a Writ of possession to be executed by the Sheriff.
My cousin is the Trustee and I have been in prison for a few years and don't know if there's a will or what to do. Advice would be greatly appreciated.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 19, 2022
Your question cannot be answered without reviewing the trust and the deed, but chances are there is not a whole lot that needs to be done with respect to the titling of the property. The wonderful thing about holding land in a trust is when the settlor passes no probate is necessary.
Waived appraisal contingency and appraisal came in @ $40K under contract price. Seller not willing to negotiate. Their agent is threatening to sue for his commission? I understand I stand to loose my earnest money but does agent/broker have standing to sue if they re-list property and sell it?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 17, 2022
I assume you are the buyer, and that you have read the purchase contract verbatim. If so the realtor can sue both Parties for his commission most of the time. That earnest money is usually funds that the buyer will never recover, and that is usually the extent of your practical liability. If... View More
Easement is for High Voltage Transmission Electrical lines.
Easement was not disclosed by the seller. Seller was aware as it was later found on his deed with title work. Easement was on the title work, but its existence or the actual title work was not shared with us by the closing... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 9, 2022
Did a title company or the closing attorney communicate with you about the title? If so, then a possible case of negligent misrepresentation might lie for a specific lie, but still a weak case. It is very doubtful as apparently noone represented you, and you did not check out anything. If... View More
The Plaintiff (Landlord) won the Detainer Warrant hearing by default as I could not appear due to my being hospitalized the night before the Hearing at 9 am. (However, I had no real defense, I was behind and had no way to come up with what I owed; 2 months rent, so I was expecting to lose at the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2022
If you are still in possession ten days after the Judgment, then the landlord can ask for a
Writ of Possession to issue. Usually the Sheriff will contact you to leave prior to force, but it is not required. Not going to Court probably forfeited your Security Deposit which you did not... View More
In an real estate deal from one or multiple heirs to another heir
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 28, 2022
Are you wanting to enforce the agreement? If so, it will be difficult. If not, it is doubtful anyone will try to enforce it. Statute of Frauds may prevent it, and I doubt a tender was made on a date certain.
He had a boundary marker but he took it down and encroached on my property about 15 ft. taking down most of the boundary that took 15 years to establish. What can I do about it?
answered on Jan 28, 2022
If your neighbor trespassed onto your property and removed landscaping; trees- the neighbor would be liable for damages for this.
someone is offering to purchase a house for me, where I in turn would pay them the mortgage plus taxes and insurance at an additional 5 % interest rate.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2022
Not sure of your question. Anyone can be the payee on a Note secured by a Deed of Trust. It appears that you may need the services of a competent TN attorney that will put it all together. You need an attorney that will represent you.
There was a lien filed against my survivorship interest in my Tenancy By The Entirety held home (with my spouse) over a judgment against only me. If we sell our home, does the survivorship interest lien go away since no one “died”, or does it have to be paid to clear the title even though it... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 24, 2022
No and the grantee takes the real property subject to the lien.. Most buyers will not purchase such a title.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
