When homeowners purchase property without the expertise of a real estate attorney, they can encounter issues within the title that can affect their ownership rights. Title insurance takes care of all undiscovered issues that can arise in the chain of title. When purchasing a home, it is always a smart idea to utilize the owner’s title insurance. “Why,”, one might ask? Here are 7 reasons you should purchase Owners’ title …Read More
A title opinion is a written report from an attorney explaining the state of ownership of a certain piece of property based upon the attorney’s review of the property records in the county where the property is located, also known as a title search. The title opinion states any defects in the title to the property as well as any easements or other issues that burden the property and could …Read More
After a car, tractor-trailer, motorcycle accident, or other personal injury, the innocent victim typically ponders the question,“What’s next and what repercussions will develop from this incident?” As this question rushes through their head, their stress level begins to rise with the prediction of upcoming medical bills, complex paperwork, deadlines, and negotiations with insurance companies. To most people, this situation can be extremely daunting. We’re here to provide guidance and comfort …Read More
According to a 2016 Gallup Poll, about 68% of adults older than 65 have a will, while only 14% of 18 to 29 year-olds have established a will. No one is ever too young or too busy to establish a will. We understand that the busy life of a young family revolves around immediate plans and milestones. We also understand that the newest generation of employees are focused on “building …Read More
The recession of 2008 left many potential sellers and buyers of real estate without access to credit and financing. When faced with no access to traditional lender financing, like a bank or mortgage company, buyers and sellers came up with creative alternatives. While the major credit crunch appears to be behind us, buyers and sellers should not forget the creative financing lessons learned in the recession. Here are three methods …Read More
Tennessee is one of a handful of states which allows non-judicial foreclosures. This means that the lender does not have to go to court to get permission to foreclose on your property. In short, if a lender has a deed of trust (often called a mortgage) that lists your property as collateral, then that lender can sell your property on the Courthouse steps if you are in default. Failure to …Read More
A joint tenancy with a right of survivorship is a method for holding title to real property used when you want your joint tenant to have your share should you pass away. Conversely, if the other joint tenant dies, then you would take his/her interest automatically at that time. A joint tenancy can consist of two or more persons holding title to property. How to Create a Joint Tenancy with …Read More
A tenancy by entirety is a phrase that means real estate is owned by a married couple and if one spouse dies, then 100% of title to the property automatically vest in the surviving spouse’s name. This is a very important and simple tool for estate planning purposes because it avoids the necessity of probate when one spouse dies. That is, of course, if you wish for the land to …Read More
There are several ways to hold title to a piece of real property in Tennessee. A tenancy in common is the predominant method. When two or more people hold title to property and they are not married and there is no additional language outlining their interest in the real property, then they are likely tenants in common. For example, if the deed describes the grantees (the owners) as “Robert Jones …Read More
A handwritten Will is a valid method for expressing your last wishes as to whom you desire to inherit from you. Many people choose to write their own Wills to save the expense of hiring an attorney. Others think their estate is too small to warrant getting a legal professional’s assistance. Regardless of the reason for choosing to handwrite your Will, you should be aware of the pitfalls of this …Read More