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Ely
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102601
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I own (paid in full/primay) a home in Tennessee. I also have

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I own (paid in full/primay) a home in Tennessee. I also have house in the state of Florida that I have had to stop making payments on. What is the Tennessee law in regards XXXXX XXXXX mortgage holder on the Florida property? Can they take our primary home in Tennessee?
Submitted: 6 years ago.
Category: Real Estate Law
Expert:  Ely replied 6 years ago.
Hello,

Welcome to JustAnswer and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Which property do you actually live in or spend the most time in?
Customer: replied 6 years ago.
We currently live in the state of Tennessee and will remain there.
Expert:  Ely replied 6 years ago.
Thank you. According to TN 26-2-301, [a]n individual, whether a head of family or not, shall be entitled to a homestead exemption upon real property which is owned by the individual and used by the individual or the individual's spouse or dependent, as a principal place of residence.

This means that because you do not live in FL, that property may be liable in judgment if they get a judgment against you. However, your TN residence falls under homestead protection:

http://moore-brooks.com/article_display.mg2?at=2454572.3526273&aid=2454575.49332176

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