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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=730141765

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Category: Real Estate and Real Property

Location: TN

Subject:  Changing name on deed

 

My grandfather bought me a house and now wants to put into my name.  There are no loans on the house, it is paid for.  What is the cheapest way to get the house into mine & my husband's name?  We don't want either parties to be hit with big taxes.  Thank you!

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=196672017

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Category: Real Estate and Real Property

Location: TN

Subject:  Re: Changing name on deed

 

Your grandfather can grant you his interest in the house by way of a "quit claim deed."  You will not face inheritance taxes, assuming the house is worth less than $376,000, if this is a transfer among two or more living parties.

 

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=683542096

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Category: Real Estate and Real Property

Location: TN

Subject:  TN statue of limitations for trespass bamboo damage

 

Do I have a viable option for negotiation with the possibility of a law suit where a neighbor planted bamboo on my property, that spread further on my property where the removal of this bamboo with resodding could cost several thousand dollars.

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=143850838

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Category: Real Estate and Real Property

Location: TN

Subject:  Re: TN statue of limitations for trespass bamboo damage

 

You posted a message here about a month and a half ago talking about your neighbor planting bamboo on the lot line between your two houses.  You apparently cut the bamboo to be the same height as your fence, and your neighbor sued you or complained to some authority.  What happened in that matter?

 

I am reluctant to give further advice unless the facts become more clear.  Why would a neighbor plant anything on your property?  Did the neighbor plant on his own property and the trees spread?  Does the neighbor contend the land under the bamboos is actually his land?

 

In theory, if a neighbor crosses your property line by growing a plant that you consider a nuisance, then you have been harmed the tort of trespass. Proving damages are another story.  You might not like the bamboos (they sound quite exotic and interesting to see them growing in Tennessee), but you may find a court holds you have suffered no monetary loss.  If you choose to to have the land cleared and resodded, that might be deemed "land improvements" for which you must foot the bill, not your neighbor.

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=770290499

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Category: Real Estate and Real Property

Location: TN

Subject:  Quick claim or how to re-finance house in my name only

 

I'm now divorced and wish to refinance the house in my name only.My ex-has already bought another home . Will I need to get his signature on some type of form

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=145891982

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Category: Real Estate and Real Property

Location: TN

Subject:  Re: Quick claim or how to re-finance house in my name only

 

When you were divorced, the court should have entered an order pertaining to the equitable distribution of the marital property --- including your house.  You will have to go by that order.  Assuming that it gave you complete ownership of the house, then you should contact your local Recorder's Office at the county courthouse and see if they will transfer title to just your name based on the divorce court's order.  If not, then your exhusband will have to sign a quit claim deed granting to you all his interest in the property.  With the quit claim deed, the Recorder's office will modify the title to show it is solely in your name.

 

Mike Guth

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=763112391

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Category: Real Estate and Real Property

Location: TN

Subject:  Buyer backing out of contract day before closing

 

Buyer had signed contract with seller to purchase property, the buyer backed out on day before closing.  There were no contingencies in the contract.  The seller from above had signed contract with another party to buy a different property and now can't purchase due to can't have two homes.  What rights does the seller have to have the buyer who backed out pay the fees that have came up with the loan that they now can not use and other fees such as appraisal, home inspection etc?

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=260539636

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Category: Real Estate and Real Property

Location: TN

Subject:  Re: Buyer backing out of contract day before closing

 

Usually real estate contracts call for the buyer to put down earnest money on a house to show he is serious.  Did your buyer put down earnest money?  If so, what happened to that money?  Under these circumstances it would be fair for the seller to keep the earnest money to offset his losses on securing the loan, etc.  However, if the contract called for the earnest money to be returned to the buyer, then you would have to follow the terms of the contract.  When you said the contract contained no contingencies, then it sounds like it did not cover earnest money either.

 

The lesson to be learned from this in no unique to real estate contracts.  Any time you sign any type of business contract, you need to consider the worst case scenario and ask how the parties have an exit strategy to dissolve the contract without causing harm to either party.

 

 

 

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=147097173

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Category: Family Law, Divorce, Child Custody and Adoption

Location: TN

Subject:  paternity issue

 

my parents received a letter on the first of sept but i didnt get it from them until the 17th the letter said i have 10 days to respond to get a dna test on a child i supposedly made back in 2000...i had already been through this with the mother 2 years ago and had no reply from maryland after hiring a lawyer and contacting them ... should i reply to the letter now even though it will be late according to the letter or does tennesse have the law that says if i dont respond they will call me the father anyway.... i have always lived in kansas and she lives in tennesse now

 

 

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=158254413

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Category: Family Law, Divorce, Child Custody and Adoption

Location: TN

Subject:  Re: paternity issue

 

Yes. You should reply to the letter. Paternity of a child is a serious matter, because a court can find you owe child support even if you are not present. I would write and tell them you are happy to cooperate in a paternity test. It should involve you going to a medical clinic and getting a q-tip cotton swab of your inside cheek to pick up some cells. In Tennessee, if the paternity test is negative, the state pays for it. If it is positive, the father has to pay for the test, which cost a recent client $146.

 

Mike Guth

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=841045096

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Category: Real Estate and Real Property 

Location: TN

Subject:  What is the statue of limitations for property damage?

Complainant sustained water damage to home, insurance carrier says their is a one

year 6 months statue.

What is the statue of limitations for said property loss in Tennessee?

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=168970414

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Category: Real Estate and Real Property 

Location: TN

Subject:  Re: What is the statue of limitations for property damage?

This is not a question that depends heavily on the statute of limitations.  It

depends on the terms of your policy as to whether flooding is covered or not.  Your

policy will state the time period in which a claim must be raised.  In general,

Tenn. has a one-year statute of limitations on personal injury claims and a six-year

statute of limitation on breach of contract claims.  If you have a contract with an

insurance company and they breach it, that would be covered under the six-year

statute.  But again, your carrier's liability will be determined by what is written

in your policy.  They may affix a certain time for you to bring a claim.  You may

have to explain to a court why you waited (unless you bring a breach of contract

claim), but to show breach, you would have to read the terms of your policy and see

the insurance company's obligation anyway.

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=247912044

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Category: Real Estate and Real Property 

Location: TN

Subject:  Can lawfirm be held responsible for typographical error?

I recently closed on the sale of my house. I had a home equity loan which was paid

off at closing. Unknown to me until now,the law firm made a typographical error in

the amount of $2000 on the closing document as to the amount still owed on the loan.

So the amount they collected from me was $2000 short. Closing was three weeks ago

and I am just now being notified that I still owe this $2000. I have used part of

the money I received at closing to pay off other debts and saved just enough to

close on my new house. I do not have $2000 more. If I had known I would have

budgeted differently, so now I don't know what to do. Can I hold the law firm

responsible to pay the $2000 since it was their error? Please advise as to what

legal rights I may have in this matter and what my options are.

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=166809330

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Category: Real Estate and Real Property 

Location: TN

Subject:  Re: Can lawfirm be held responsible for typographical error?

Was it your law firm or the seller's law firm that made the error on the document? 

There are two possible outcomes here.  The first is that the law firm will be held

liable for their own negligence and typo error.  That cause of action will lie with

the party that retained the law firm.  A less painful outcome for the law firm would

be that you advise them that they are catching you by unfair surprise, that you

relied on the amount written on the contract, and no longer have $2,000 to give

them.  Under these circumstances, the law firm better give you a various generous

repayment schedule that causes you little inconvenience.  You mentioned that you

already spent the $2,000 on other things.  Did you know $2,000 more was owed but

just took advantage of the typo to reduce your immediate debt?  That could affect

who is at fault and how quickly you have to repay the missing $2,000, if at all.

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=204237635

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Category: Landlord & Tenants

Location: TN

Subject:  Roommate Expenses When Breaking a Lease

My roommate and I have 8 months on a 1-year lease. I have recently been offered a

job in another city. I fully understand that I am responsible for the terms of the

lease, including early termination penalties, which are 1/2 month's rent penalty,

full rent on the place until re-leased, and advertising and showing to prospective

tenants. However, can my roommate sue me for or legally request his moving expenses

as a result of being inconvenienced by the decision to break the lease? Or am I only

legally responsible to him for terms spelled out in the lease?

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=243623541

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Category: Landlord & Tenants

Location: TN

Subject:  Re: Roommate Expenses When Breaking a Lease

Assuming you and your roommate did not sign any contract between the two of you,

then you are governed by the terms of the lease.  There is an obvious solution. 

Your roommate could stay, and the two of you could find another person to take over

your lease (sub-lease from you) responsibilities.  Will the landlord allow you to

find a new tenant and sublease to him?  Then you might not even have to pay

penalties.  Some leases contain a term saying the lease will not be considered

breached if the tenant has to move out due to a job relocation/transfer.  Are you

sure you have to pay penalties?

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=472325491
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Category: Credit, Debt and Collections Law
Location: TN
Subject:  Loan default

Had a business loan with a partner.Both parties put up equal assets.  Contacted bank before loan interest was due.They said would send notice.60 days later no conatact from bank an auctioneer shows up to say property is in forclouse and will be auctioned off in 15 days. I am able to pay off the loan. do they have to legally notify I'm in default.


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=573606788
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Category: Credit, Debt and Collections Law
Location: TN
Subject:  Re: Loan default

The bank absolutely has to give you notice of default and its foreclosure.  Sending an auctioneer there is not proper notice.  You should check the terms of your loan documents.  I suspect the bank was foolish not to notify you by registered mail.  They may claim they notified your business partner.  I would go into the Chancery Court for your county, file suit against the bank, and ask the Chancellor for a temporary restraining order barring the foreclosure sale of property.

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=70914129
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Category: Legal Ethics & Professional Responsibility
Location: TN
Subject:  not informed on quit claim signing

My mother recently passed leaving her house to me as joint tenants w/right of survivorship. While in her attorneys office reviewing her will which named me as the sole beneficiary of all her personal and household property, my brother suggested the attorney draw up a quit claim deed so that in the event of my death the house passed to him. As a single widow,I did so believing that the house would become his, ONLY in the event of my death (as the attorney never mentioned otherwise). I since have learned (via internet research) that the quit claim gave him equal rights to the property and that if I (we!) ever sell it, he would receive 50%. I contacted the attorney to ask If the above is true, and if so, Can the Quit Claim be revoked? His reply:''You both have equal access to the property and it can be sold with the agreement of both of you. There is a legal proceeding to divide jointly owned property. It is a partition action. I doubt this ever happening.'' I feel I was coerced and mislead at a time of grieving my mothers death to sign a document I was not fully informed of. My mothers wishes were clear that I inherit the house-by signing this deed I apparently gave 1/2 of it to my brother who now wants to sell it. What can I do? 


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=344362232
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Category: Legal Ethics & Professional Responsibility
Location: TN
Subject:  Re: not informed on quit claim signing

You essentially have a cause of action against the attorney for malpractice.  He should have informed you what a quit claim deed would do.  You can try to have the quit claim deed declared null and void, particularly if your brother did not give you anything of value in return.  You should have named your brother as your beneficiary in your will -- that way if you died he would get the house.  However, you should not have put his name on the title and given him 1/2 equity.  You can allege fraud and counter sue your brother if he goes to court and tries to force a sale of the home.  You might be able to reopen a probate case of your mother's will and see that the quit claim deed is nullified in conjunction with the intent expressed in the will.  In the final analysis, you might have to sue the lawyer for malpractice regardless of whether the quit claim deed is declared void.

 

 

 

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=750309653
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Category: Landlord & Tenants
Location: TN
Subject: Is there a 24 hour grace period where you can break a lease if you find things

I signed a lease for an apartment that appeared clean upon my first viewing. I went during the daytime the next day to find the carpet was much dirtier than I saw the night before, the toilet and shower was disgusting, and there were cockroaches in the refrigerator. I called the landlord and he was out of town. His son answered the phone for him and said he would get the maintenance man to fix the problems. I said that I really wasn't happy with the property and would just like to nullify the lease. I offered to pay an application fee for his trouble and have not heard from him since. I have not moved anything into the property, cancelled my down payment check, and notified the landlord within 24 hours of signing the lease. Do I have any rights in a situation like this?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=663547141
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Category: Landlord & Tenants
Location: TN
Subject: Re: Is there a 24 hour grace period where you can break a lease if you find things t

Most leases do *not* contain a recission clause, unlike the purchase of real property which sometimes do. Although you technically are in breach of the lease contract, you have done the right thing. In order for the landlord to sue you for breach, he will have to prove damages. His only damages would occur if he turned down another renter based on the fact that you signed a lease. However, there is such quick turnaround here, that he surely could contact any third party renter the day later. I hope and suspect this will all pass without any lawsuit. If he does sound like he is going to sue, you can tell him that you will have to report him to the city code enforcement office for renting out one or more roach-infested apartments.

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=980384837
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Category: Civil Rights Law
Location: IA
Subject:  Tenents rights

Does a landlord have the right to hire police to patrol our apartment complex.  This comming weekend is a large 
party weekend for the entire school, and our complex holds many parties.  This is his reasoning for this.  The 
complex has a center parking lot, and to me seems like private property, and in his letter to us the landlord calls 
it now ''public access'' property. Normally the police would be around, but only to make sure it didnt get out of 
control.  With no arrests, and/or tickets given to tenents.  Is it legal for him to hire these cops, and allow 
them to police our parking lot?    


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=32236175
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Category: Civil Rights Law
Location: IA
Subject:  Re: Tenents rights

There is no violation of the United States Civil Rights Act if the police come to the parking lot and check on 
the noise level and possible drunkeness.



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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=281600088
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Category: Civil Rights Law
Location: NC
Subject:  religious freedom

do i have the right to proclaim GOD power,deeds on my private property by means of a sign or a cross....
because thesbi agents trespass on our private property without a warrants, etc. and torn down and took our religious 
sign...they said that their boss did not like my religious sign and what it it says on it...we do not need any court 
order or law to take down your sign or to arrest you for puting up a reilious sign. 


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=907600446
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Category: Civil Rights Law
Location: NC
Subject:  Re: religious freedom

The First Amendment to the U.S. Constitution guarantees you freedom of speech = the right to display your speech in a 
sign, and the Free Exercise of your religion.  However, local communities have city ordinances about the size and 
nature of signs that can be displayed so as not to create a nuisance or eyesore for neighbors.  You need to provide 
more specific information on where the property is located -- in a residential neighborhood or next to a commercial 
establishment.   Also, you need to clarify if the agents who tear down your sign are government agents or working 
for a private firm.

Mike Guth
http://michaelguth.com


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=423002002
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Category: Real Estate and Real Property 
Location: TN
Subject:  Sewer Line

My neighbor was installing a fence.  The next day, my sewer line, which runs across their property, backed up and has remained so for 4 days.  I paid the plumber to try to clean out (rout) the pipe, but after 75 feet from my clean-out, could not locate the obstruction.  There is no clean-out for my line on their property, they have a separate line to the sewer system, so they are unaffected. I checked with my homeowners and there is a separate rider for sewer repair that I was unaware of (and did not purchase).
Is the neighbor responsible for locating and repairing the damage to my sewer line?


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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=751599822
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Category: Real Estate and Real Property 
Location: TN
Subject:  Re: Sewer Line

The law recognizes a "Post Hoc, Ergo Propter Hoc" (After this, therefore because of this) fallacy, which would require that you prove your neighbor's fence affected your sewer line.  Most fences sit just a few inches into the soil.  How far down did your neighbor go to lay his fence?

Is the plumber willing to say that the sewer line crosses directly underneath the fence boundary?  If that were true, then the problem should be noticable by a crack or clog in the sewer pipe at or near the new fence.  If you don't detect any odor, then the fence installation might not be the cause.

Under these circumstances, I would contemplate filing a lawsuit againt your neighbor.  Therefore, you need to keep careful records of all your sewer line expenses.  However, until you can prove causation and fault (in terms of negligence), then you don't have a valid claim.

Also, if your city constructed such a flimsy sewer pipe system that installing a fence on top would back it up, then you may have a cause of action against the city.  No reasonable person would foresee that installing a fence above ground would block a sewer pipe below ground.

http://michaelguth.com/prose.htm


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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=964100199
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Category: Real Estate and Real Property 
Location: TN
Subject:  Stopping a Foreclosure Sale Date For an Enlisted Military Person

What are ways for an enlisted US Army person stop a foreclosure on their home, when they were stationed out of the country in the military (on a classified assignment) and the bank did not begin taking the monthly payment via direct deposit? In this situation, what are ways to stop a foreclosure sale? What options do we have to work with the bank with? Thanking you in advance for your time and consideration!

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=3252038
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Category: Real Estate and Real Property 
Location: TN
Subject:  Re: Stopping a Foreclosure Sale Date For an Enlisted Military Person

In addition to the federal law the Richard Sedgley mentioned, which you can find on the Internet by searching for Soldier and Sailor Civil Relief Act, here is a Florida appellate case that holds in your favor. This precedent is not binding in Tennessee, but it could influence a court to decide a case the same way. FEDERAL HOME LOAN MORTGAGE CORP. v. TAYLOR, 318 So.2d 203 (Fla.Dist.Ct.App. 1975) (Inequities prevent strict enforcement of acceleration for serviceman sent to the Philippines) Defendants own residence in Florida with a mortgage. They must move to Philippines as part of active duty assignment around 1973. They default and make up the difference, then do it again repeatedly. Payments crossing in mail. Mortgagee accepts the late payments and then stops. Defendants are unsure of the mail and pay into an escrow. P accelerates. Is acceleration unconscionable? YES. Lender argues it had a right to accelerate because the note says what it says. Borrower answers with good faith efforts to pay and placing amount in escrow. Borrower concedes technical default. Court finds for Defendant: (1) lag in mail led to miscommunication, (2) Mortgagor was in Philippines not by choice, (3) good faith effort to bring account current.

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=224017588
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Category: Credit, Debt and Collections Law
Location: TN
Subject: Deed

We refianced our mobile home and the land.My father-in-law done a quick claim deed,so we could do the refiance.That has been 4 years ago.The bank that did it did not record the quick claim.I called them and they don't even have it.Do they have a valid lean when the land is still in my father-in-laws name?

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=259553496
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Category: Credit, Debt and Collections Law
Location: TN
Subject: Re: Deed

You can be sure a bank will always attach sufficient real estate capital to guarantee payment of their loans. It sounds like they hold a mortgage on your mobile home and possibly the land as well, if you financed them together. I'm not sure why you are asking your question, because if you default on your mortgage loan obligation, the bank could seize your mobile home. They would likely join your father-in-law in any action seeking to sell the land with the mobile home to recoup their financing. http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=324279911
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Category: Real Estate and Real Property 
Location: TN
Subject: Seller says they lost Title to home

I purchased a Manufactured home in forecloser, owned by a Mortage company. Closing date was set for Oct. 27, due to a problem with the land deed, I had to sign a 2 week extension. My realtor then told me that now they ''misplaced'' the Title to the home and they will probably take it back off the market until the matter is resolved. Can they tell me I can't purchase this home now?Do I have any right to sue if they back out of the contract?

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=546631498
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Category: Real Estate and Real Property 
Location: TN
Subject: Re: Seller says they lost Title to home

If you purchased a mobile home without clear title, you would be purchasing nothing, as you could one day lose possession of your home. If the company told you they lost the title, then either they did you a huge favor, and you should run - not walk - away from this transaction, or they just said that for some reason, because they don't want you to buy it and move in. Either way, this purchase would have been a mistake for you. Instead of trying to sue someone, you should instead put your energy into finding a new mobile home and location that you like even better. http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=898088119
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Category: Civil Rights Law
Location: TN
Subject: neighborhood association

If I pay dues to a homeowners association that has a volunteer email for everyone in the neighborhood that wants to be on it, can I be discriminated against receiving emails on the basis that the email coordinator does not care for me? I have been dropped from the list.

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=968734187
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Category: Civil Rights Law
Location: TN
Subject: Re: neighborhood association

It all depends on the bylaws of your homeowner's association. If membership entitles you to the email group messages, then you can sue the moderator for breach of contract. If the email group is something personal and not actually a part of the homeowner's association, then you may be out of luck. Of course, you can set up your own email neighborhood group as I have done. http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=284679094
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Category: Real Estate and Real Property 
Location: TN
Subject: How to get a quit claim

Well, I was stupid. I purchased a home using 100% of my money and put my girlfriend's name on the deed and mortgage thinking we were to be married. She has not put pne penny in the house and pays no rent. We broke up, for good. She still lives in the house. She says she owns half the house and will fight to the end for it. This is simply unbelievable but her lack of character again shows. I have offered to pay her moving expenses if she would simply go. The house is worth $800k and she replies that she would gladly move for $400k. Keep in mind, she works and has never contributed a penny on anything. CLosing papers clearly show the source of funds being solely from me. She threatens violence if I date. Do I have to litigate against her to force a sale of the house or is there no legal way for me to get her off the deed. She will not sign a quit claim.

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=299561531
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Category: Real Estate and Real Property 
Location: TN
Subject: Re: How to get a quit claim

You can file suit against her in Chancery Court for the county where the property is located and seek to quiet title in your name. I can prepare that paperwork for a fee. http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=26516690
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Category: Real Estate and Real Property 
Location: TN
Subject: rent back

i rented a house with a 1 year lease to a man and woman unmarried-they paid 1st month rent with security deposit --only one of them actually signed the lease but both names were on there --3 days after the signing -they decited they didnt want to live there and wanted all their money back--i gave them back their deposit--but i think i should be able to keep the rent money can i legally keep it or what should i do

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=106652905
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Category: Real Estate and Real Property 
Location: TN
Subject: Re: rent back

If these two people, or at least one of them, signed a one-year lease, then they are obligated to pay rent for a whole year. You have been very generous to refund them the security deposit, despite their breach. However, from a moral standpoint, you have a right to keep the rent, because you cannot turn around and instantly rent the house to another person. It will take you some time to advertise and find a new tenant. You should advise the tenant that he is getting off cheap by just losing one month's rent. He could be forced to keep paying rent until you find another renter to replace him. I cannot answer your question about your legal rights without seeing the rental contract. If you gave him rescission rights to cancel the contract within 3 days, then you may have to refund the rent, minus the rent for the 3 days he occupied your house. Most rental leases do not contain a rescission clause, however. http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=147483040
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Category: Landlord & Tenants
Location: TN
Subject: Can we get out of our lease?

We moved into ''luxury'' Apartments in June, signing a 1 year lease. In August we had a young woman move into the apartment above us. We understand there are noises you cannot help hear or make living in apartments, but since she moved in, it has been a constant. Banging on the floors, parties, even having sex on the floor, which is very loud. We have complained to the management, even called the police, yet she still gets loud. My 8 year old daughter is getting into trouble at school for falling asleep because she cannot rest at night. Please, can we get out of our lease?

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=156278288
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Category: Landlord & Tenants
Location: TN
Subject: Re: Can we get out of our lease?

Under the facts you have given, the apartment does not satisfy its intended purpose. I believe the lessor will voluntarily agree to let you out of the lease rather than go to court and have you testify as to the noise levels and then lose in court. If you need help preparing a lawsuit against the landlord, please contact me through http://michaelguth.com/prose.htm

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Question: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=205367683
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Category: Real Estate and Real Property 
Location: TN
Subject: Legal Rights of 2nd Mortgage Holder

In general what are our legal rights as 2nd mortg. holders? My husband & I sold our bus., 2 acres & 3 bldgs. & hold the 2nd mortg., the bank holds the 1st. The sale took place 16 mos. ago. The buy now wants to split the two acres and sell one acre w/ 2 bldgs. The bank wants all the money from the sale to go towards his note w/ them. Are we entitled to any $ from the sale? We hold a deed on the ''whole'' property. Inorder for the sale to go thru they would need us to sign off on our portion of the acre involved in the sale right? Any advise & info would be appreciated! Thank you.

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Reply: http://www.lawguru.com/cgi/bbs/mesg.cgi?i=437718024
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Category: Real Estate and Real Property 
Location: TN
Subject: Re: Legal Rights of 2nd Mortgage Holder

You are correct that second mortgage holders on the whole property would have to accept a sale of part of the underlying property used as security for the second mortgage loan. If I were you, I would not agree to the division and sale of the property unless the buyer is able to pay off a substantial portion of your second loan to him. Who knows what market value will remain on the property after he sells off the acre with two buildings? http://michaelguth.com/prose.htm