Get free answers to your Real Estate Law legal questions from lawyers in your area.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More 
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 8, 2021
Everything you have done will probably be deemed a gift and/or rent payment.
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2021
Yes it can be done. But the one parent surviving may not own the fee. You need a lawyer to determine heirship, then you will know who the owner(s)/grantor(s) are. The legal descriptions can be multiple or just one, but different properties may have different owners.
Mon is still living in PR 93years old and it's 3 kids
Can we deed the property in TN with out do anything with the one in PR. One if the siblings has always lived there an we would like to deed it
To that sibling
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2021
Hire a competent attorney in TN to conduct a title search and determine heirship. Draft, execute and record an Affidavit of Heirship. Then he drafts a Deed from the owner(s) to the grantee sibling. The PR property should be handled by a PR lawyer, for which there are several here on Justia.... View More
There is no formal lease agreement.
The co-owners are my family.
I do not have any ownership of the house.
I give monthly money as "rent."
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 1, 2021
Any Tenant In Common can file a Detainer Warrant against you.
She inherited her debt from her husband who passed 3 months ago. He was my stepfather but never legally adopted me. Her only asset is this house and land. Is there a way for me to put it in my name and stop the debt collectors from allowing me to renovate and increase value and possibly sell or... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2021
Your situation is actually a little more complicated than you realize and a full consultation would be required to help you sort this out. Be prepared to provide a copy of the death certificate for step-father, step-father's will (or confirm there was none), mother's will (or confirm... View More
Back on the market with the sale of home contingency. Does the seller have the right to remove the home from the market and back out of the contract instead of placing the home back on the market if those deadlines are not met in the agreement?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 25, 2021
You will need a competent attorney to read your contract and then advise you. Even if there are terms breached, it is up to you to enforce the contract. It may not be prudent to sue or possibly impossible to collect upon a judgment.
The house is located on the property. Does the contents of the house belong to all 7 on the deed or just the 5 children that grew up in the house?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 18, 2021
You say She left the property, but no Probated Will is involved. What has probably happened is Mother died without a Will, such that: the grantees took the real property when the Deed was executed as Tenants In Common; and her Next Of Kin take her personal property. The property could be... View More
I had evicted person won eviction, then he had suit for breach of contract that was dismissed , then a general session civil suit for slander of tittle and won but judge couldn't release lien, said I had to go to circuit court. Defender still refuses to remove lien after judge told him it... View More
answered on Jan 18, 2021
More information is needed to answer your question. But, generally, there are no "forms" in Circuit Court. You have to draft and file your own pleadings and motions. The Tennessee Supreme Court has some standard forms available on its website -- you may check there. But if you are trying... View More
Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment
answered on Jan 13, 2021
Use the search function on this website, or any other website, to find an attorney local to you. I would recommend you interview as many attorneys as you need to determine who may best be able to serve you and your needs.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2021
Many leases include the automatic renewal clause or automatic monthly rental if the tenant or the landlord does not terminate the lease in a timely fashion in accordance with the lease terms. You must read your lease or hire an attorney to explain it to you. The attorney should also address the... View More
Our mother pasted 20 years ago. One brother wanted to run cattle on the property and paid property tax in lieu of lease. He cut and sold 15 acres of timber without the consent of the other two. Trustee's office still list all three brothers as owners.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 11, 2021
The Tax Assessor does not determine who owns what. Hire an attorney to conduct a title search, then potentially sue the Brother for a share of the timber proceeds. As a Tenant In Common, he had the right to sell timber, but contribution may be in order.
Was not informed about the lien until Jan. 2021.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 8, 2021
Sounds like a legitimate Judgment which was filed as a Lien against your real property in a certain County. Judgment Lien is good for ten years from date of Judgment unless extended. Important consideration is who is the Judgment against and what property does that person own. Also are there... 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.
