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Tennessee Real Estate Law Questions & Answers
1 Answer | Asked in Estate Planning, Foreclosure and Real Estate Law for Tennessee on
Q: Balloon pmt due on mortgage the day owner passes away.No will, no one on loan or deed, how long before foreclose?
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answered on Dec 18, 2023

Read the recorded Deed of Trust, and a copy of the Note if available. Usually acceleration occurs, then default. Then three foreclosure notices in the paper before the Courthouse door sale. Usually anywhere from 45 days to 4 months.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Our mother is in her last stage of Alzheimer. Her house is paid for what should we do?

Is six of us, one of the siblings want it, how do we go about it before my mother transition?

Anthony M. Avery
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answered on Dec 15, 2023

That question cannot be answered here. Consult with a competent attorney. Probably one of you will have to pay for representation, yet the others get the benefits.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I'm purchasing a home that has a deck with hazards. Seller doesn't want to fix it & we don't want to proceed. Is it lega

Incomplete deck with no proper railings at 4 step staircase. Other side of deck has an 11' drop instead of steps. Deck not enclosed. It's around an above ground pool. We were told seller didn't need permits. So it appears the deck was built after the house was built but has hazards... View More

Anthony M. Avery
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answered on Dec 11, 2023

Read your purchase contract. If you do not go through with the transfer, then most likely you lose the earnest money. It is doubtful about any other consequences.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I am on an HOA board that has 4 members. If there is a tie vote, how is the tie broken?
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answered on Nov 24, 2023

If the recorded Restrictions and/or Master Deed do not address such a vote, a Declaratory Judgment Action may be necessary in Chancery.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: I have 10 acres of land I've had an easement for years it's the only way I can way I can get to my land.My grandma owned

The land I crossed to get to mine she left it to my cousins who are now trying to sale it can I keep my easement when they sale the land I have to cross about 25 feet of there land its the only way I can get to my land.

Anthony M. Avery
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answered on Nov 15, 2023

That is probably an Easement By Implication. But unless Grandmother put down an express easement in the others' chains of titles, or there is a recorded subdivision plat, you will have to go to Chancery to have it declared in force if the other adjoining landowners cut you off.

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Tennessee on
Q: I am a Homeowner in Tennessee, I want to rent my home out to buy a 2nd property but my HOA prohibits renters- can I sue?

Hoa docs are 15 years old.

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answered on Nov 13, 2023

You could file suit for a declaratory judgment, but the HOA will probably win.

1 Answer | Asked in Estate Planning, Foreclosure, Real Estate Law and Probate for Tennessee on
Q: Tenncare request for release

Recently got a Tenncare request for release form and had fill out along with sent a death certificate by email for my mother that passed in nursing home with Tenncare Choices. They emailed me back since I am a disabled that they assert my estate when I pass. They will not let me know how much my... View More

Nina Whitehurst
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answered on Nov 8, 2023

If you are disabled, you do not have to pay anything to Tenncare while you are alive and remain disabled. It would be easier on YOU to just let the make a claim against your estate when you pass.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Someone is trying to sell us property that was left to a minor but is P.O.A over the minor. How does this work?

This is what we are being told. This property is less then 2 acres. There was previously a house on it which caught fire and is not salvageable. At one point we were told the grandmother left the property and all on it to a grandchild. The power of attorney is trying to selling it as an individual,... View More

Anthony M. Avery
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answered on Nov 1, 2023

That conveyance would not be enforceable. Hire an attorney to search the title and determine ownership. Seller needs their own attorney to get Court authorization for sale of property of a minor. POA means nothing.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: My neighbor has uncovered my water line I have a deeded easement he's put up gates on ingress egress drive way

Drive way is plated

Anthony M. Avery
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answered on Oct 31, 2023

You have a Boundary Dispute. You will need a good attorney to search both titles and file suit in Chancery. The surveyor of the plat will have to be your witness.

1 Answer | Asked in Estate Planning and Real Estate Law for Tennessee on
Q: Estate will

Several years ago my father and my stepmother made a will that the property and house goes to her 9 kids. She had the 9 children from past marriage and my dad has me from past marriage too. No children was born into their marriage. My stepmother left me out the will and I feel like I supposed sign... View More

Nina Whitehurst
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answered on Oct 22, 2023

I hate to be the bearer of bad news but a will does not require the consent or sign off of anybody but the maker of the will. Your consent to this arrangement was not required.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: I want to know who do you go to investigate documents pertaining to a mortgage and a mortgage closing and a title search
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answered on Oct 18, 2023

Hire a competent attorney to search the title and examine the documents.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: What can I do about doing work on a property then being told the property was given to someone else already?

My wife's uncle told us that we could do whatever we want with a piece of property and put us a home on it. I do A LOT of work on the property. And then my wife was told that he was informed that he had already told someone else that they could have the property. Is there anything I can do... View More

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answered on Oct 6, 2023

You set yourself up for this to happen, and as always, it did. A good lawyer might file an equitable action in Chancery for a lien for the benefit conferred. If there was any kind of contract, then a mechanic's lien might be filed, but you must also be ready to sue for enforcement a few... View More

1 Answer | Asked in Estate Planning, Family Law, Real Estate Law and Probate for Tennessee on
Q: My boyfriend's mom & dad left their house to him when they died but didn't have a will. No one will comply.

Both his brothers don't want it put in his name because he is currently in jail. But they are trying to make me leave even though my boyfriend wants me to stay. There wasn't a will made but his sister was the executor of the estate & she knows it was supposed to be left to him. What... View More

Anthony M. Avery
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answered on Oct 4, 2023

Hire a competent lawyer to draft, execute and record an Affidavit of Heirship as the source of title. But all tenants in common can remove you from possession.

2 Answers | Asked in Real Estate Law, Contracts and Collections for Tennessee on
Q: What type of lawyer best represents an Home Owners Association aka HOA?

We (the HOA) board would like to manage the HOA without the aide of the management company. Looking to control cost and save money.

Joel Gary Selik
Joel Gary Selik
answered on Sep 27, 2023

There are law firms that specialize in representing HOAs.

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1 Answer | Asked in Real Estate Law for Tennessee on
Q: Is it legal to break a commercial lease without all parties signing a termination agreement?

2 of the 4 guarantors on a commercial lease broke the lease and paid to terminate without the signature or approval of the 2 other guarantors. They (the 2 who signed) are now suing for full recovery after paying to terminate. In the termination agreement, it states “ Tenant represents that it... View More

John Michael Frick
John Michael Frick
answered on Sep 26, 2023

In the absence of an agreement to the contrary, a guarantor is not required to get the permission of another co-guarantor to negotiate and execute a release of his guarantee with the landlord.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: There is a piece of land that has joint ownership, one of the owners has a life estate

Can the life tenant alone grant hunting rights in a joint ownership or do both parties have to agree?

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answered on Sep 18, 2023

If the remainderman is smart, he will require his okay also. Legally the life tenant can give a license, but it may make the remainderman upset, which could cause problems. The life tenant is advised not to give a license without the remainderman's consent.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Tennessee on
Q: Can a landlord evict me just because they’re mad at me? In TN

My brother, my mother and myself live in separate homes, but on the same property ran by the same landlord. My landlord is having a dispute with my brother and is stating he will be evicting myself and my mother as well as my brother to ensure my brother stays off the property. After calling him... View More

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answered on Sep 14, 2023

Basically yes... However owner must file and serve a Detainer Warrant for possession. He then gets a Judgment, and after 10 days you are still there, execution by the Sheriff of a Writ of Possession occurs.

1 Answer | Asked in Criminal Law, Real Estate Law, Landlord - Tenant and Small Claims for Tennessee on
Q: I was staying with my daughter from March 20 to may 11 and she called police said she didn't want me back in house and

Called police had me tresspassed kept my things even my puppy and school computer I can prove it I even had a lot rented

Anthony M. Avery
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answered on Aug 31, 2023

What is your question? You can sue in Sessions Court for an Action To Recover Personal Property.

If she allowed there, then you did not commit trespass. But she can file a Detainer Warrant.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Tennessee on
Q: Can I erect a barrier across my driveway, which is not shared and not within city limits, in Tennessee?

I was thinking of placing a simple suspended chain barrier across my driveway to limit access. If it is possible, how far must it be from the roadway?

Anthony M. Avery
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answered on Aug 30, 2023

If it is on your own property, and noone else has a joint easement there, you should have no problem. If fire or emts complain, I would ignore them. You might call McKenzie City and ask if there are any relevant municipal codes that apply.

1 Answer | Asked in Real Estate Law for Tennessee on
Q: Can a lawyer help get abandoned property (house) in tn
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answered on Aug 21, 2023

Usually only a good lawyer that does real property litigation can get a client title on such property. Even in a tax sale, you need a lawyer.

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