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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I sue the seller for not specifying something on the seller disclosure agreement?

Seller never stated that home was on sceptic. Seller marked city and the home is actually sceptic

Anthony M. Avery
Anthony M. Avery answered on Mar 20, 2020

It is very possible to sue the Seller for a false Tennessee Residential Real Estate Disclosure. But you must have some damages and file within a year (I believe). Even then you need to think about whether you can collect. It helps if the realtor also signed it.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How soon can a hospital put a lien on your property in Tn. ?

My wife just passed away from cancer, was on Medicare A & B plus Plan G thru Mut. of Oma. I started receiving bills for well over $ 100,000.00 even before she died. Her will has left me all her property, House and nearly 6 acres. I haven't gotten a death cert. yet and was wondering if... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 19, 2020

Medical Providers will have to get a Judgment prior to a Lien except on a related personal injury/wrongful death suit. The will has no effect without probate, and probate would not be a good idea. But creditors can file probate too, and it would be for their benefit. You need a competent... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: If a farm subdivided has a warranty deed amendment, do all adjoining property owners plus mort co’s need to sign as well

This land has always been a farm, but now is 53 acres with smaller subdivided lots adjoining. The restrictions said no other activity and the current 53 acre owner and the owner who split the lots originally are the only ones who signed the corrected deed to include agriculture.

In Tennessee.

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

If all property owners do not execute a covenant which runs with the land forever, whoever violates it may be able to ignore the restriction. You need an attorney.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in Washington co tn and have older home and 5 acres . Around 10 years ago the county paved the "right of way " .

In doing this the lines to my septic and water (city line) were paved over. The property adjacent to the paved road is property 40 acres that is for sale by family of deceased owner. A contractor made offer and said it was contingent on moving my septic and lines . The contractor wanting to double... Read more »

Anthony M. Avery
Anthony M. Avery answered on Mar 17, 2020

What is it that you want to do?...And the contractor can not make you pay for what is probably a road widening approved by the County Commission. In fact there have probably been two or three County Commission Meetings already on this subdivision development. Why did you not attend and voice... Read more »

2 Answers | Asked in Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Foreclosure auction trying to buy from daughter of deceased 5 years, but not sure if can get clear title?

I'm trying to buy a home in foreclosure from daughter(executor)from Will of a deceased 5 years prior. The deed and mortgage is still in the mothers name. They have a Will that states the daughter is executor and is authorized to sell real estate of her estate without an Order of the Probate... Read more »

Nina Whitehurst
Nina Whitehurst answered on Mar 15, 2020

You are right to be scared. Do not do this without the assistance of an attorney. In addition, do not do this without the assurance of title insurance. An attorney or a title insurance company can tell you what steps will be required in order for you to obtain clear title in your particular case.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can someone's primary residence be at risk for financial damages?

I was awarded financial damages by the court. The defendant found to be liable, only has their primary residence, as assets. Is the primary residence, protected from any actions, in this case?

Anthony M. Avery
Anthony M. Avery answered on Mar 4, 2020

He could easily have a $ 25K or more Homstead Exemption. It may be titled as a Tenancy By The Entirety, or a Tenancy In Common or even a LIfe Estate/ Remainder. It could have a Deed of Trust against it, or there maybe several Judgment Liens ahead of your potential Lien. Hire a competent... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: When a married couple buy a house and the loan is only in one spouses name does the title have to be in both names?

I was told this when I purchased my first home. I had the loan in my name and they made me put my ex husbands name on the title saying it was Tennessee las

Anthony M. Avery
Anthony M. Avery answered on Mar 3, 2020

It is not a legal requirement. But if you want that outfit to loan you money, then you have to abide by their rules. You apparently are the fee simple owner, but they probably want the husband own the title, and most certainly the Deed of Trust, to expedite a potential Foreclosure due to... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am wanting to sell my deceased mom's house. The deed has her and my name listed as owners. I never changed the deed.

How do I sell the house straight out to a buyer. No will or mortgage.

Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Hire a competent attorney to perform a title search, then draft, execute and record an Affidavit of Heirship. That will be your source of Title, then you are able to execute a deed as the grantor, with the Affidavit shown in the Derivation of Title Clause.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: How do I transfermydeceased mom's house to just my name?The deed has her and my name on it. She had no will.
Anthony M. Avery
Anthony M. Avery answered on Mar 1, 2020

Hire a competent attorney to perform a title search, then draft, execute and record an Affidavit of Heirship. If there are Liens, then they must be addressed, or you might not own the real property very long. Any money owed would be against the property, not you personally.

1 Answer | Asked in Divorce, Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can I keep my soon to be ex husband out of our townhouse after he's been gone almost a month.

He left for a work trip at the start of the month and while he was gone, I finally decided to leave him. He comes back Saturday, but I don't want him in my house unless I'm here and I want my house key. He is on the lease, and he is planning to pack his stuff and leave, but wants to do it... Read more »

Johnny Quitman Rasberry
Johnny Quitman Rasberry answered on Feb 27, 2020

You would have to secure a court order preventing him from entering a premises for which he has a lease. I suggest you quickly consult with an experienced local family law attorney to get the best options for your particular case.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can I sue a real estate business's E&O policy or does it have to be the broker?

Our broker committed fraudulent misrepresentation. He's since passed away. Can we sue his E&O policy for damages or does it have to the individual broker?

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

You probably will have to sue his Estate, if there is one. There is probably a large problem here. There is also a Real Estate Education Trust Fund to notify upon institution of Suit. You cannot sue the Insurance Co. directly.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I was awarded attorney's fees in a judgement. Does that $ get paid to me or my attorney?
Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Usually whatever you and your lawyer agree to, which may be more or less than what you expected to pay him. But you have to collect it first.

1 Answer | Asked in Land Use & Zoning, Real Estate Law, Tax Law and Civil Rights for Tennessee on
Q: Reverse the signature of land deed due to Diagnosis of MS. Signed over threat of nursing home.

My condition is stable and I live on my own.

Anthony M. Avery
Anthony M. Avery answered on Feb 24, 2020

Not sure of your question. But the only way you will set aside that conveyance is for the Grantees, and now owners, to convey it back to you. I suggest a Life Estate/ Remainder Deed.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: can a property be sold with a lien on it because the title company placed a bond to discharge lien with conditions?

We placed a mechanics lien on a property but they were able to sell it. The title company placed a bond to discharge lien but with a condition that if the ruling was in our favor. The contractor and owner under which the building permit was filed under and we got our permit. That the they will have... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 11, 2020

If you do not file suit to execute your m & m lien within a short period of time, you lose it. Hire a competent attorney now to see if you can execute it. If you still have a lien, it is against the property, not any of the owners.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal for a real estate agent/company to make you use them for a specific house or unit?

My wife and I found a condo we wanted to purchase before signing a buyer agreement with an agency. After we signed and submitted an offer, we discovered that our agent sent two consecutive offers that had incorrect terms on them, including one that would have required us to place an 80% down... Read more »

Anthony M. Avery
Anthony M. Avery answered on Feb 8, 2020

You should not be signing offers without reading them. You might hire an agent to represent you, but you need to be very careful about looking for properties in the first place. It would be wise to hire an attorney to continually assist you, and check out prospective properties prior to you... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What is the least complicated way to sell a 200k paid house to a son parents will finance sale Parents are retiring
Anthony M. Avery
Anthony M. Avery answered on Feb 7, 2020

There are many ways of conveying improved real property to a son. I recommend hiring a competent attorney: to perform a title search including looking at the legal description; drafting a quit claim deed (since I doubt he wants to sue his parents); deciding upon an agreed purchase price... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it true when a home is sold in Tn that the utilities must be on?
Anthony M. Avery
Anthony M. Avery answered on Feb 5, 2020

Not to my knowledge. If there is a relevant clause in the Real Estate Sale Contract, then that term on current utilities controls. But no Tennessee Statute applies. Possibly some county ordinance or city code requires it. Who would enforce it?

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Selling a house that was suppose to goto someone else

My wife inherited a house, but it went to her mom until she was 18. Her mom sold the house to their aunt (was paid off but now the bank owns it bc of the aunt using it for a loan) Is there legal action for us to get the house back

Bennett James Wills
Bennett James Wills answered on Feb 3, 2020

You should consult with an attorney asap to determine your options. An attorney would need to looks at the property records and any will that may have conveyed the estate to your wife. There are a lot of moving parts to cases such as these. An attorney would need to review of all relevant documents... Read more »

2 Answers | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: May children of the deceased use an Affidavit of Heirship in Tennessee to legally sell real estate (house) to neighbor?

House in Paris, TN owned by father and mother with TennCare assessment. Father passed in 2015 while mother was in nursing home with dementia. Family was advised by attorney that estate needed to be opened. Both had wills which appointed each other as Execs with me as alternate, but were drawn up... Read more »

Bennett James Wills
Bennett James Wills answered on Jan 29, 2020

You haven't asked a question. What do you want to do? File a complaint against your former attorney? Sell the house? You would be wise to hire another attorney to discuss options and determine the best course of action.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: My aunt passed in Tennessee My mother is the only sibling. How can she obtain her house and sell it. It’s paid for and

My mother has no money

Leonard Robert Grefseng
Leonard Robert Grefseng answered on Jan 28, 2020

Consult an experienced real estate lawyer with the proposal that the attorney fees can be paid from the sale proceeds. If the house has any real value, an experienced lawyer will know that he will eventually get paid in full and thus he/she won't require payment in advance. If your aunt... Read more »

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