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Do you provide answers for Tennessee law?

Lawyer's Assistant: What steps have been taken so far? Has any paperwork been prepared or filed?

No. The story is that my Mom and her siblings were left as heirs to their parents house. My grandfather died before her. She died in the 60's. M y mom's oldest sister was executor and living in Chicago and was paying the mortgage. However, when she couldn't pay anymore she asked my parents in 1965 to move in and start paying the mortgage....which they did. My Mom paid all siblings

Lawyer's Assistant: Where is the house located?

Tennessee

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My Mom paid all her siblings out of their share except 4. Two where deceased and 2 were not willing to sell their shares. Well my Mom and father died. I couldn't find the will. They were behind on taxes but my sister and I made arrangements to ay the taxes to keep it from going into tax sale. We rented it out for awhile until the renter abandoned the property. Afterwards vandals came in and stole all copper and vandalized the inside of the house. We received a civil warrant from the city courts to renovate the house. I started the procedure by gutting and painting the out side of the house and was in the process of going to the next phase of having the electrical work done. I have made all environmental court sessions accept for last month. Now the city has been sending civil warrants to all heirs stating that they are going to take possession of the house and that the court date is june7th. I don't eant this to happen because I am still working on the house and need to remove all heirs from title and continue the project. What can I do?

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 1 minute by:
5/8/2018
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 14,316
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

I'm sorry to hear about your situation. Generally, you have a couple of options here. If you have heirs that you want removed, then you will have to either buy their share or ask that they transfer their share over to you. If that doesn't work, you can get a forced sale of the property through what's called a partition acton.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

All this means is that a party is asking the court to make a decision because the co-owners cannot agree what to do with the land.

In a partition suit, this usually requires the party filing the petition to get a formal appraisal and file what’s called a “lis pendens” (a notice that there is a dispute regarding the land). This is in addition to the actual petition (request) with the court for the partition. The petitioner has to list the reasons why they want the partition in their documents.

Once the documents are filed and served, the defendant will be given the opportunity to file an Answer that sets forth the co-owner’s claim to the property in question, including any liens which must be described by date, character and amount owing, any facts that controvert the Plaintiff's allegations in the complaint, and any claims for contribution the defendant believes is owed.

As a part of the suit, the court will appoint a referee to help resolve title issues. This means that someone may be involved to help determine ownership, whether there are any liens on the property, or even confirm that the property exists. The parties involved usually have to pay for this. Once those facts have been determined, if the court believes it is necessary, they will appoint a real estate agent to sell the land. The parties always have the chance to settle before this happens.

Generally, here is the order of distribution once the property is sold:

  1. Sale expenses

  2. Other costs (e.g. closing costs)

  3. Any liens on the property (mortgage liens, tax liens, judgment liens, etc.)

  4. The rest gets distributed to the owners consistent with how the court orders

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

You could do this before your hearing on the 7th and advise the city that you're actively in the process of selling the home. This is if the other parties refuse to cooperate.

Because I value your input, I would like to know whether you have any other questions for me today that I could help you with?

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