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... Read more »
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.
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... Read more »
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...Read 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
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.,...Read more »
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... Read 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... Read more »
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... Read more »
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... Read more »
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?
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...Read 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... Read more »
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...Read 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... Read more »
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...Read more »
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.
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... Read more »
After doing Title Search, there is no heirs and the only person's name on the deed is deceased. Is the property unable to be sold until the estate of the deceased owner goes through probate? What are my options in order to purchase property?
You will need to hire an attorney to search the Title and determine Heirship. It may not be easy. A Tax Sale may be another way to obtain the tract. But again you will need a good lawyer. You are not going to be able to do this yourself.
Property in TN, both owners on the Deed are deceased. I was able to get in touch with Daughter (lives in KY) of the deceased. I want to purchase property from Daughter, will a Quit Claim Deed or Warranty Deed be needed? Or what is needed to purchase property from Daughter?
Hire a competent attorney to search the title, determine heirship and prepare a Deed. Warranty Deed can be used, but do you plan on suing the Seller? She might not want to give four covenants of title to property she has not had possession of. QCD is more likely her choice of conveyance.
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