How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Law Educator, Esq. Your Own Question
Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116710
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
Type Your Real Estate Law Question Here...
Law Educator, Esq. is online now
A new question is answered every 9 seconds

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: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years 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.

Related Real Estate Law Questions