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1 Answer | Asked in Bankruptcy and Real Estate Law for Indiana on
Q: Ch 7 Bankruptcy and mortgage. Bk dc date 6/2018. House sold at sheriffs sale on 3/14/2019.

How do I find out when the title was transferred back to the bank. My fiancé and I are looking to buy a house together but I’m told it’s a 3 yr waiting period after title transferred

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Unless you exempted the house, it was transferred to the Ch 7 Trustee when you filed the Petition. At time you surrendered your interest to the Trustee. A secured lender's foreclosure was not against you personally as you had already discharged your debt. If you did exempt a homestead... Read more »

1 Answer | Asked in Real Estate Law for Kansas on
Q: Mom has been using a driveway for 40 years new neighbor survey his 100 acres and is blocking her driveway. Adverse poss?
Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Mother will have to hire a competent KS attorney to file a Declaratory Judgment and Injunction action. Search both titles for easements and row's. If nothing, she relies on an easement by prescription. Without legal suit she loses the driveway forever.

1 Answer | Asked in Estate Planning for Tennessee on
Q: Is probate necessary with will and personal representative assigned?

My step dad’s will allowed my mom to live in home until her death. Then house must be sold & proceeds divided among heirs. She passed. Is probate necessary?

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Probate of the Will or your Mother's Estate? If your Mother was not a

surviving tenant by the entirety then only through the Probated

Will did she take the fee. Otherwise it was a 1/3 or 1/2. If his will was not probated, then there are several heirs from both...
Read more »

2 Answers | Asked in Criminal Law for Tennessee on
Q: I was pulled over by Brentwood tn police in nashville for my tint being to dark. Is that a good circumstance ...
Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

I do not know what a good circumstance is. But Tinted Glass can be a Rule of the Road violation, and is thus a legitimate reason for a stop.

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1 Answer | Asked in Products Liability and Civil Litigation for Tennessee on
Q: Who is responsible for the damage claim?

We shipped a product with Southwestern Motor Transport that interlined the delivery with Daylight Transport. We filed the claim with Southwestern whom states it is Daylight Transport place to pay the claim. They further stated if Daylight Transport does not pay them for the claim they will not pay... Read more »

Anthony M. Avery
Anthony M. Avery answered on Sep 27, 2021

Your contract is apparently with SW Transport. Read the contract as it will have some disclaimers of liability. But it may give SW as your agent the power to hire another party to perform the contractual duty. If under $ 25K you might sue both carriers in Sessions Court and let them blame each... Read more »

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