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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 111469
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Can I take over the ownership of my property without a mortgage

Customer Question

Can I take over the ownership of my property without a mortgage if they are unable to produce the original not. I live in Tennessee
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
You would need to go to court on a petition to quiet title and if they cannot produce the note on the property then you could seek ownership of the property outright. The statute of limitations in TN for breach of contract is 6 years, so they have 6 years to sue you from date of last payment. Thus, you may want to sit quietly until they take action and hope to make it out the full 6 years before you file the petition to quiet title and extinguish that mortgage. That would make the most sense if you are trying to get out of the mortgage and you know they do not have the note.

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