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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Refinance Title Issues in Relation to Estate Planning

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: When one parent passes with multiple properties can you deed just one property to one of his heirs if all others agree
Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My parents have property both in puerto rico an Tennessee dad passed how do we change the deed to the property in TN

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

Anthony M. Avery
Anthony M. Avery 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.... Read more »

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: I live at a house that has 3 co-owners. Can one owner evict me without the others' consent?

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."

Anthony M. Avery
Anthony M. Avery answered on Feb 1, 2021

Any Tenant In Common can file a Detainer Warrant against you.

2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: Mother is terminal with 300K in medical debt. will the debt collectors stop me from adding ownership and maybe selling

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... Read more »

Nina Whitehurst
Nina Whitehurst 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... Read more »

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in TN and recently signed a contingent contact allowing a buyer 45 days to sale their home, then place my home

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?

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My Mother left her land to her 5 kids and 2 of her grandchildren in a deed no will. There is a house with the contents.

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?

Anthony M. Avery
Anthony M. Avery 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... Read more »

2 Answers | Asked in Real Estate Law for Tennessee on
Q: What form do I need to fill out to go before a circuit judge to have a fraudulent lien removed?

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... Read more »

Bennett James Wills
Bennett James Wills 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... Read more »

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1 Answer | Asked in Criminal Law, Products Liability, Real Estate Law and Civil Litigation for Tennessee on
Q: I need a good lawyer

Greeneville Tennessee area reason 73 state statutes violated. I want to get them. landlord tenant AC stolen property violation harassment

Bennett James Wills
Bennett James Wills 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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: In Tennessee, if my lease expires and I do not want to sign another year , does it automatically go to month to month?
Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: 3 brothers inherited 50 acres. One has cut and sold timber without the consent of the other 2.

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.

Anthony M. Avery
Anthony M. Avery 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.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I lost my job & had to stop paying on a credit card in 2012. In 2016 the company took a lien on the house. Is this legal

Was not informed about the lien until Jan. 2021.

Anthony M. Avery
Anthony M. Avery 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... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I own a mobile home. It sits on my sisters property. I want to transfer the title over to her. Will there be any issues?

The title is in my mothers name ( she passed away in 2020) and in my name.

Anthony M. Avery
Anthony M. Avery answered on Jan 6, 2021

Mobile Homes are owned by Certificate of Titles. You need the serial number off the home and the title, which is then transferred the same as a vehicle. If it says "and", then you might get a lawyer to draft/record an Affidavit of Heirship, which discloses to the world who the Next Of... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I live in TN and have a home that I am the only one on the deed because I owned it before marriage, does my spouse have

to sign in order for me to obtain a home equity loan

Anthony M. Avery
Anthony M. Avery answered on Dec 15, 2020

There is no legal requirement that she convey as a grantor on the deed of trust. However no lender will loan you money if later when they might foreclose on you they have a problem with her being in possession.

She has no reason to sign the note unless she is getting the money, but the...
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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Will the house have to go through auction?

I have spoke to two lawyer who stated if we don't come to an agreement then we'd have to put the house through auction. The house has already been through probate and put in both of our names.

Anthony M. Avery
Anthony M. Avery answered on Dec 14, 2020

I doubt that the real property went through Probate, but probably went to the Heirs. If there is disagreement amongst the tenants in common, then an Action for a Sale for Partition is in order.

1 Answer | Asked in Real Estate Law and Civil Rights for Tennessee on
Q: My sister moved into moms estate 3 years ago stating she'd buy my half out but has yet to do so. What are my options?

We are both executors and the will States if either one of us want the estate we'd have to buy the other out ($20,000). Its been almost 3 years and she has yet to buy the house but has been living there this whole time. During this time she has been non-compliant on multiple occasions and has... Read more »

Anthony M. Avery
Anthony M. Avery answered on Dec 12, 2020

It appears that both of you have not performed your duties as Executors. You probably want to ask the Probate Court to order sale of the real property if it is actually part of a Will directive. From what you have stated it appears that Partition is not available, as the Will controls. But... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I have a property disclosure from a seller that shows a shared driveway and now neighbor says no its not?

Both parties, the seller and the neighbors (at the time) said it was a shared driveway. One neighbor rescinded his lease purchase and moved and now the owner is saying that the driveway is not shared as there is no easement in either one of our deeds. The asphalt that comes up that driveway... Read more »

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

Both owners now have clouds on their titles. Your remedy is to hire a competent attorney to file a Declaratory Judgment for a Prescriptive Easement. Your only other choice is to drive somewhere else. A Notice Lis Pendens with the Suit will definitely get the adjoining landowner's attention.

1 Answer | Asked in Estate Planning, Real Estate Law and Probate for Tennessee on
Q: My boyfriend and his sister are the only beneficiaries in their grandmothers will. Their aunt is the executor.

In the will it says that my boyfriend and his sister are supposed to receive money from the sell of the grandmothers house. His aunt sold the house and is keeping the money for herself is there anything they can do?

Anthony M. Avery
Anthony M. Avery answered on Nov 27, 2020

Is the Will Probated? If not, then the aunt may be the sole heir and entitled to sell, etc. If Probated, then check the Probate File out at Court. Hire a competent attorney to move for disbursement of Estate Assets, and/or Removal of the Fiduciary for cause with an Accounting.

1 Answer | Asked in Family Law, Personal Injury, Real Estate Law and Landlord - Tenant for Tennessee on
Q: I would like to sue my aunt for kicking me out without eviction, packing my things for me while I was out of town etc.

She is also trying to keep me out of the house. She says I violated the "no drugs" rule but I didn't and she has NO proof. She found weed in my MOMs room and is trying to use that to kick us both out. Where would I find a no fee lawyer with whom I could proceed to file suit with?

Tim Akpinar
Tim Akpinar answered on Nov 25, 2020

A Tennessee attorney could advise best, but your question remains open for two weeks. This doesn't look like a personal injury matter, where a law firm would handle it on a contingency basis with no fee up front. A closer category might be landlord-tenant or civil litigation, but it might be... Read more »

1 Answer | Asked in Real Estate Law for Tennessee on
Q: House and land that was transferred out of my name by forged signatures and sold while I was working out of town.

I have my original paperwork where I purchased the land and house from the owner. While I was working out of town, the land and house were transferred into someone else's name while I was still making payments. I was never told that my property had been transferred and then sold to someone... Read more »

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

Do you have a Deed? If not, then you were never the owner of anything but a personal property contractual right. You might sue the obligor on the contract for breach. But if you have a recorded Deed, then you must hire a competent attorney to file an Action for Ejectment in Chancery. There... Read more »

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