She handed me a hand written notice of my rent going up. I said Asked for a new lease with the new rent amount she brought back a hand written eviction notice
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 7, 2021
Even if the Notice does not comport with the Lease Contract, it does not amount to much. Ultimately you will be served with the Detainer Warrant which is itself notice to quit by Statute.
I have lived here for over 3 years. The man signed a contract for me to register deed upon his death in lieu of work performed on call 24hra/7days a week. He wrote a will 3 years ago to prove his intent and disinhereted his only adult child. I am executor and beneficary. He has no one that visits.... View More 
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 6, 2021
The daughter is apparently taking the position that there was no will and so she is the sole heir and title vests in the heir(s) automatically at death and, therefore, according to her reasoning, she has the right to evict you. You need to take the will to a probate attorney and open a probate and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 3, 2021
Has the Will been filed for Probate? If not, then it has no effect. If Probated, then the Devisee owns the devised real property upon filing. Only if it is an insolvent Estate will it come back into the Estate for payment of Claims.
There was an escalation clause that the seller didn't activate. 5 days later, the listing agent is demanding that we meet the escalation clause in that there was another offer, and has stated, that we must pay them the money now. The seller and the listing agent however, signed and dated the... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 24, 2021
You need to read your contract more closely. What are the liquidated damages for your breach? Earnest Money involved? Besides the latter, the seller might be able to sue your specific performance. But it is going to be hard collect on a judgment in
Washington. Hire a lawyer to... View More
I have been making payments on a contract for deed only to find out that the person recieving payments is not the deeded owner. Would this be considered felony fraud? Should I contact the sheriff?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 11, 2021
You can try to get the Sheriff to get a Warrant, but it is doubtful. Put together proof of payment, the Contract, and the actual owner's Deed. More than likely You are left with suing your contracting party for breach of contract, fraud, and any other appropriate causes of action. Hire a... View More
I have a contract for deed from someone who is buying property on a contract for deed already from someone else. Meaning the person who I pay is not the deeded owner and they do not have their contract for deed recorded. Is this legal in Tennessee? Can someone who is not the deeded property owner... View More
answered on Aug 11, 2021
No. You should speak to an attorney. This could turn out badly.
recorded into the county. now im wanting to sell it. how do I go about doing this now they have passed. there are no other living relatives or family members either.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2021
Recording the Deed and paying Taxes on the property would be required. Someone else may be claiming ownership, so your Deed may be Champertous. Hire a competent attorney to search the Title and cure yours if possible.
I have a quitclaim deed signed by the deceased individual giving me full access a liability to their property I purchased the property from the deceased individual prior to the individual is being deceased the quitclaim deed was never notarized in the property was never recorded this was in Greene... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2021
Without a notary acknowledgement of the grantor's execution of the Deed, it is not a conveyance. Recordation is not absolutely required, but you apparently do not have an enforceable Deed. If there is an Estate, you might file a Claim for your money.
He is not on the mortgage or contributing any money for the down payment.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Aug 9, 2021
No it is not a legal requirement. You alone can be the grantee, but his living there might give him possessory and homestead rights. Apparently you already have been conveyed the property, so read the Deed.
My brother and I signed the closing documents provided by Tennessee Valley Title Company. She initially delayed signing the closing documents sighting vacation and then illness, not price. She is now saying she does not agree with the price. My husband and I now live on the property in an upstairs... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 13, 2021
Have you got a recorded Deed to the property where you have title? You may wish to hire an attorney to check your title, as apparently you are not sure what has occurred. If she conveyed her interest in the real property, and you own it, then you should not have to worry with her complaints.
My siblings and i are coowners, as beneficiaries in a family trust, of our parents home. I’ve lived here for 4 years caring for our elderly mother. Zillow and trulia show the value as over $600,000 (which it might be had it been updated and maintained over the years). I made it known shortly... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 6, 2021
In a Partition Suit, an appraisal has virtually no relevance. It would only be considered in evaluating the Case, that is whether Partition is viable or not. Much more important is the amount of debt and liens against the property, and the tax appraisal.
Property is jointly owned by my Mom and sister. Mom has Alzheimer's and needs funds for continued dementia care. She is not competent, and I have her POA. Property has no mortgage and was purchased with mostly Mom's money, but now my sister is claiming it is all hers. I have... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 1, 2021
Your initial problem is your Mother's illness. Her incompetency may require a Conservatorship, or possibly a Guardianship, both difficult and expensive. I doubt the Chancellor will order the sale with you as an attorney in fact, and title would be patently suspect. If she is not... View More
What's a notice by publication.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 26, 2021
Notice by publication serves to give the person notified notice of the matter or proceeding when the party pursuing the matter isn't certain that they have the correct mailing or service address of someone. It sounds like you have received both actual notice and notice by publication (which... View More
Cumberland county Tennessee is the location. Seller resides in FL
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 14, 2021
I recommend hiring a competent attorney to sue for possession. A Detainer Warrant may work if the SOL has not run, but an Ejectment Action in a Court of Record may be necessary. Publication Notice may also be necessary. This could be difficult, or it could be fairly simple. Hopefully it is no... View More
My father and I are on a relative's deed, who since passed, as Joint Tenants with Rights of Survivorship. If we sell the property, is it required that the proceeds of the property sale be split amongst the co-tenants 50/50?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 8, 2021
Usually both owners want to get paid. If you and your Father have another arrangement, that is your business. But if I represent the seller, there will be one check with both owners as payees. If you Father wants to convey his interest to you prior to the sale, then he can do so or vice versa.
And is a notarized eviction notice legal
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jun 3, 2021
General Sessions Detainer Warrant Court Costs vary amongst the Counties, but usually run around $ 180 up to $ 250. Circuit Court and Chancery Court Costs will about double that. Any kind of notice to quit is notice to vacate, and service/posting of the Warrant is notice to quit by Statute,... View More
There is a clause in our 3 year lease that’s titled “Vacating Upon Termination” and it states “Tenant agrees upon expiration of the term of this lease or upon early termination of the lease for any cause tenant will at once peacefully surrender the leased premises etc.” My question is if... View More
answered on May 16, 2021
The answer will depend on the language of your lease. If you have a three year lease- without any provision related to termination prior to this then you have a 3 year lease. The language you provided doesn't sound like enough to allow for an early termination.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 14, 2021
If the relative pays off the Note, they might file suit for Contribution against you. It is not a significant risk though.
There are a few other random cabins that dot the street on each side, which accesses my plot. No one can tell me who actually owns the access/entrance road with the other houses on it. My fear is that someone could stack disused cars or piles of wood or let the road fall into disrepair and I... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 10, 2021
Hire a competent attorney to search your title and the title where your access road is. You may not have an easement, and will need one at purchase, or do not buy the property.
Building location: Elizabethton, TN
Building will be used for owner's business, a machine shop.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 3, 2021
You will need to consult with an attorney and get this advice. Many, many considerations are involved here, and there may not be a perfect answer. The LLC operating agreement must be read, applied or changed; Who will be the insured?; Liability concerns; the Member's Estate Planning;... View More
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.
