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The great city of Nashville has recently shown an increase in population which is a sign of a growing economy. With new buildings continuously covering the city, Nashville has become a top destination of attraction and business. These are positive signs that the economy is thriving in the real estate world, which leads to a demand in both commercial and residential properties.
In order to take advantage of the real estate market, which has been on the rise for many years now, it is important to obtain the services of a real estate attorney so that you can legally protect yourself. Consulting with a real estate attorney provides many benefits to a successful transition. An attorney is able to create or evaluate an existing lease for the property that you currently own, or wish to own in the future. There can be many liabilities that are not known while being the owner of a property. In order to feel confident when you are going through a lease agreement, it is necessary to seek the guidance of a professional who can get the facts and provide the proper services.
There are a few policies that can protect you from any issues that may arise during the process of buying or selling a property. The first is for the owner to obtain owner’s title insurance. This is necessary so an owner will be protected from any issues concerning the title of the property that may arise, and you will not have to solve those issues alone or out-of-pocket. The next is for a lender to also have title insurance. If the owner or lender has a title insurance policy, that is not enough to be protected. Both the owner and the lender must acquire title insurance so that you can be properly covered and not have to worry about any of the issues because you will be protected.
Our attorneys make this a peaceful process and assure that your interests will be protected. Let us take the stress off of you and eliminate any possible risks of liability. Have a professional help take you through the proper steps to be safe in your purchase or sale of property.
With the Uniform Residential Landlord and Tenant Act (URLTA), there are some rules and regulations that current and potential landlords and tenants need to know about. You may not be giving services you owe your tenants under the law.
Many of our clients own one or more residential rental properties that they rent out. For the most part, these clients are people potential tenants in the community can trust. We know them to always try to do the right thing, and our legal advice helps them do that. That’s how we know there seems to be a lot of confusion and myths about what the law actually says about various rental problems.
Most of the time, if the rental property lies in a certain county in Tennessee where the population is over 75,000, it falls under URLTA. For example, residential locations here in Wilson fall under the URLTA of Tennessee. If the county’s population is under 75,000, then the laws are usually governed by Tennessee case law and are much more difficult to traverse.
These laws can be somewhat difficult to understand. When understood, they are a guide for the landlord. They can lead a landlord through the many minefields of landlord-tenant law. With the help and advice of an attorney, any landlord can understand what they need to do.
In almost all instances of landlord-tenant disputes, it takes an attorney who is a veteran in this area. Our law firm has handled hundreds of these disputes, many of which settle outside of litigation. Our residential real estate attorneys can help you proceed through your contracts as a landlord or tenant. If you have a legal question about the Uniform Residential Landlord and Tenant Act, please contact us today.
In the days leading up to a real estate closing, costs in addition to the purchase price are often a point of confusion. What are real estate closing costs? Who is paying title expenses? Which of the other expenses are you responsible for? These questions, and many more, are some of what real estate attorneys sort out daily. In short, the answer to all of these questions is that it depends.
What Goes Into a Real Estate Closing?
The primary document used in answering, “who is paying what,” is the real estate contract. This is why it is important to understand your real estate contract before signing. Most expenses can be negotiated within the contract. For example, it is negotiable as to who will pay for the following items:
Closing Costs
Title Expenses
Transfer Taxes
Recording Fees
This is not an exhaustive list and, of course, there are exceptions to what can be negotiated. For example, the Buyer will almost always be responsible for Lender fees. However, the Buyer can negotiate with the Seller to have the Seller pay a certain amount towards the Buyer’s costs. Ask your drafter for an estimate of all costs associated with closing and who will be responsible for each of those expenses.
The answer to these questions also depends on the purchase price and loan amounts themselves. Several of the expenses, such as title insurance, is directly dependent on those numbers. In Tennessee, we also have a transfer tax that is due upon any transfer of real estate. That tax is also based on the purchase price.
How Can an Attorney Help with Your Real Estate Closing?
To help with these estimates, Tressler & Associates, PLLC, has a calculator on our website, titled the “TRID Calculator.” This calculator will give you an estimate of the costs associated with your residential transaction. One point of caution, however, is that it will not show Lender fees or the other side’s closing fee.
The closing fee is a flat fee that is the same for both parties in the transaction, so the other side’s closing fee will be the same as the closing fee shown to you on your estimate. We would be glad to walk you through the details of our TRID Calculator.
The bottom line is that “who pays what” in your transaction will be dependent on your contract. We would be glad to draft your contract and assist in negotiating the terms. We want you to be sure of your purchase or sale before signing a contract.
Tressler & Associates Can Help
If you are unsure how to negotiate your closing, how to gauge your closing costs, or need any other legal help with your real estate transaction, Tressler & Associates is here to help. Contact us today.
We do many title searches every day in our office. In their most basic form, a real estate title search is where we search all pertinent public records to determine what has been publicly filed regarding a piece of real estate. It’s common for us to find some unexpected liens against the property we’re researching.
Usually, an unexpected lien is the seller’s mortgage. These will not interrupt your property purchase because the sale of the house will pay off the lien. However, this is not always the case, so you should never skimp on the title search.
What Should You Do if You Have Unexpected Liens?
It is never fun to surprise a seller with news that there is a lien filed against them, but it is necessary. These liens will need to be released prior to closing on the sale. If not dealt with, you can be left having to deal with the liens yourself as the buyer, or lose out on the sale as the seller. What’s so bad about them is that they can act like unwanted debts.
What do you do if the property you’re hoping to purchase or sell has one or more unexpected liens? First of all, don’t panic. It’s quite possible that the lien is something the seller would not be aware of and will handle it to sell their property. Sometimes the lien may not even be the seller’s, but a clerical mistake that can be fixed.
What if the Lien Isn’t Your Seller’s?
An example could be when a court judgment is issued against someone with a name similar to the seller. These judgments are then recorded and will show up on our title search. For example, if there has been a judgment for $5,000.00 declared against a woman named “Stacy S. Smith” in your county and your name is “Stacy M. Smith,” this will probably show up on our title search because it is possible that this is the same person.
We will simply compare your or the seller’s social security number to the true defendant to clear you or them of that lien with the clerical office. Thankfully, this is often the end of that unexpected lien for a seller.
What if Liens Are Your Seller’s?
If the lien does belong to the seller, there are several routes to solve it. First of all, there is a small possibility that the lien has expired. Depending on the type of lien, it must be renewed or re-recorded every so often to remain valid. If it is not re-recorded in a timely manner, the lien does not apply to your real estate. If it has not expired, you will probably have one of two options:
Wait for the seller to pay the lien or pay it yourself. We can obtain the payoff for you from the creditor.
Tressler & Associates attorneys can negotiate the lien on your behalf. Negotiating a lien, especially an old lien, can sometimes decrease the amount you would have to pay for the creditor to release the lien. If the lien is valid, it will need to be released by the creditor before you can close the sale.
No matter what pops up on your title search, we are here to help guide you and make your closing as smooth as possible.
Contact the Title Search Attorneys at Tressler & Associates to Protect Against Unexpected Liens
If you have any questions or concerns about unexpected liens on your property, you need the help of a law firm that can complete a title search. We have the experience and ability to help you close your deal if you are the buyer or seller.
If you have been contacted about a lien on the property you’re looking to buy or sell, you need to act quickly. Contact us today for help.
We are pleased to announce that for all our clients closing on their real estate purchase or sale with Tressler Title, we are now offering an assessment of your Estate Documents at the same time, with an attorney from Tressler & Associates, PLLC, for a low flat fee.
Closing on a property is often an important time to amend your existing estate documents. For those without any existing documents it is a great time to handle it as you can sign both documents in one visit to our office!
WHAT WILL YOU GET?
An Attorney at Tressler & Associates, PLLC, will first review your Buyer or Seller’s estate documents during the course of their closing with Tressler Title. Then the attorney will schedule a phone call with your Buyer or Seller to discuss any updates that may be needed or desired, especially in light of the closing. If new or amended documents are needed, they can be signed at closing! That’s right, close on real estate and update (or create) estate documents all at once.
WHAT DOES IT COST?
The cost for a review and phone call with an attorney is $250.00, however, if additional documents or amendments are needed, the $250.00 fee will be applied towards the total cost of the documents. All fees for this service can usually be paid through the closing itself.
Keep in mind…this service can also be taken advantage of by real estate agents, lenders, and other vendors who are all valuable parts of the closing process.
We look forward to securing your peace of mind in new ways!
The legal arena surrounding residential landlord tenant law can be like a mine field at times. One particular trap that many landlords find themselves in, involves a situation where a tenant has failed to pay their rent. In response, the landlord sends an eviction letter and eventually files a detainer suit on the matter to evict the tenant from the property. Sometime between the eviction letter and the court date, the tenant makes a payment to the landlord for rent.
This payment many times is minor in relation to what they owe in arrearages and sometimes it is not even a full month’s rent. The landlord is happy to get some money out of the tenant, so, they accept it and continue on with their eviction. On their court date they learn that the judge is dismissing their case for accepting the payment. The landlord pleads with the judge that the money they accepted was only a small part of what they are owed but it does no good and the judge dismisses their case anyway.
The dismissal is the result of the legal doctrine called waiver. Waiver is a concept where the landlord surrenders a legal right to proceed with the eviction by accepting a portion of the rent. This doctrine is established by case law and in some counties by statute. In counties that are controlled by the Uniform Residential Landlord & Tenant Act the doctrine is codified in TCA 66-28-508 which states “If the landlord accepts rent without reservation and with knowledge of a tenant default, the landlord by such acceptance condones the default and thereby waives such landlord’s right and is estopped from terminating the rental agreement as to that breach”.
Once the judge has dismissed the landlord’s lawsuit, the landlord must start all over again in the eviction process. Having to start all over can of course be a very costly and time consuming process that should always be avoided. This is only one of the many predicaments that a landlord can find himself in, regardless of his best intentions. That is why it is so important to hire an attorney well versed in landlord tenant issues early in the eviction and collection process.
It may seem rare that your taxes decrease, but as of January 1, 2016, the State of Tennessee will no longer tax your Estate. This has been part of a plan that the State enacted in 2012, gradually increasing the amount of a tax-exempt estate until this year, when the tax was repealed completely.
Practically, this has several impacts.
1. First, this may simplify your estate planning.Because a large part of estate planning can be minimizing taxes, there is no longer a need to strategize in order to minimize Tennessee estate taxes.
2. Second, in most cases, there will be one less step involved in probating an estate or selling the real estate of a decedent.Typically, a clearance letter is required from the Tennessee Department of Revenue stating that the estate did not owe any inheritance tax.We will no longer need to receive that release.This is especially important when selling the real estate of a decedent.Obtaining that release has often been the delay of sales.
3. Third, it should be noted that there is still a Federal estate tax for estates over $5,450,000.00 so planning will be necessary to minimize or eliminate tax implications if your estate may exceed this amount.
It is important to realize that this only applies to decedents who passed away on or after January 1, 2016. This is because an estate is subject to the estate tax laws in place during the year in which the decedent passed away.
Almost every client begins their journey to creating estate documents with an intake meeting. Inevitably, the first questions asked when the meeting is scheduled is, “what should I bring?” The good news is that there is no requirement for you to bring anything to your intake meeting. However, to get the most out of your meeting, it is beneficial to prepare for it. Here are a few key ways to do that:
Review and bring any prior estate documents that you have. This may not be necessary for your circumstances, but it is definitely helpful.
Gather basic information regarding your assets. One of the most important parts of the intake meeting is gathering information on what you own. At this point, we may not need to go into extensive detail, but we will need an outline of sorts. This does includes assets, such as real estate, that may be located in another state.
Think about what you want to happen with your assets and consider what is most important to you about that plan. For example, are you really wanting avoid probate? Do you have a lot of creditors? Are your children minors? At what ages do you want your heirs (or beneficiaries) to receive their distribution?
Come with questions. Another large part of the first meeting involves me teaching clients about the law and various options available. This is usually a great conversation that is only made better if questions are involved. This is your plan that we are building and I want you to be completely comfortable with the options you choose.
If you are interested, use our intake informational sheets. If you would like assistance in thinking through some of the details, our office does have intake forms that can be useful. Please feel free to use these, but they are optional.
The bottom-line is that we hope to make the intake process pleasant and straight-forward. Even if you feel completely unprepared for the meeting, we will gladly walk you through the process.
When your parents pass away, life is difficult enough. The last thing you want is to be stuck paying the mortgage on their house or risk foreclosure. It is quite common to want to sell the home as soon as possible. However, as many have found out the hard way, it’s not exactly as simple as signing a contract.
From time to time I will see a real estate contract that the children of a deceased parent have signed to sell that parent’s home. Those children can often either point to a Will showing that they are inheriting the home or the Tennessee intestacy laws state that they are inheriting the home. Either way, it seems clear that those children should have the power to sell the home. Unfortunately, it’s not that easy.
The best case scenario is that probate on the decedent’s estate is complete and those who have inherited the house can sell it. But I’m not talking about that situation. I’m talking about the situation when probate has not been started or when probate is not complete. Although the process for selling a home in those situations is not always identical, there are some common patterns. For instance, it is quite likely that you will need to get court approval to sell the home if probate has begun. Or, if you have not begun probate, you will probably have to open probate and then get approval from the court to sell. You can almost guarantee that we will need consent from the Tennessee Department of Revenue to sell the home and a release of potential claims from the Bureau of TennCare. If probate has not been completed, the best case scenario is that you can close on the home during the four month creditor’s period in probate and closing agent will hold your proceeds in escrow until the completion of the creditor’s period.
As you’re probably realizing, this can quickly become a complicated process. Also, I would not be doing my job if I did not mention that a Trust can avoid this. If your property is held in a Trust, even a Revocable Living Trust, it will pass outside of probate because it does not belong to the decedent, it belongs to the Trust. This simplifies the selling process immensely. However, whether you have a Trust, a Will, or no Will at all, we are equipped to walk you through this process.
It may seem rare that your taxes decrease, but as of January 1, 2016, the State of Tennessee will no longer tax your Estate. This has been part of a plan that the State enacted in 2012, gradually increasing the amount of a tax-exempt estate until this year, when the tax was repealed completely.