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Tennessee Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession

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Keeping possession of real property without a right, such as after a lease has expired or after the real property has be sold by the possessor, may entitle the owner to file a lawsuit for "unlawful detainer," asking for possession by court order, unpaid rent and damages. This form is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a notice in a particular jurisdiction.

In Tennessee, a complaint or petition by a purchaser against the possessor of real property after a judicial foreclosure sale is filed to address issues arising from the repossession of the property. This legal document serves as a means for the purchaser to assert their rights and seek resolution for any disputes or concerns regarding their ownership of the property after it has been foreclosed upon. Keywords: Tennessee, complaint, petition, purchaser, possessor, real property, judicial foreclosure sale, repossession Types of Tennessee Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale — Repossession may include: 1. Complaint for Possession: This type of complaint is filed when the purchaser seeks immediate possession of the property they have acquired through a judicial foreclosure sale. It asserts the purchaser's legal right to take possession of the property and requests the court to enforce this right against the current possessor. 2. Complaint for Trespass: If the purchaser discovers that someone other than the foreclosed owner or their tenants is occupying the property they purchased, they may file a complaint for trespass. This legal action aims to remove unauthorized occupants and prevent further interference with the purchaser's ownership rights. 3. Complaint for Damage or Destruction: In situations where the purchaser finds the property damaged or destroyed by the previous possessor or any third party negligence, they can file a complaint seeking compensation for the cost of repairs or restoration. This type of complaint addresses issues related to the property's condition and seeks appropriate remedies for the damages incurred. 4. Complaint for Breach of Contract: If there was a contractual agreement between the purchaser and the previous possessor regarding certain conditions or obligations, and those have been violated, a complaint for breach of contract may be filed. This legal action holds the previous possessor accountable for failing to meet their obligations outlined in the agreement. 5. Petition for Eviction: If the purchaser intends to remove the current occupant(s) of the property, such as tenants acquired through a previous landlord/tenant agreement, they can file a petition for eviction. This document asserts the purchaser's right to terminate any existing tenancy and regain complete possession of the property. By utilizing these relevant keywords and understanding the different types of complaints or petitions associated with a purchaser's rights after a judicial foreclosure sale, individuals involved in real property disputes in Tennessee can effectively navigate the legal process to protect their interests.

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FAQ

How long do you have to move out after a foreclosure in TN? There is a federal act called the Protecting Tenants at Foreclosure Act which mandates at least a period of ninety days for residents to relocate before being kicked out after a foreclosure, even if the property is already sold and newly owned.

The lender must either publish notice of the foreclosure sale in a newspaper at least 20 days before sale or post notice in several public places 30 days before the sale if the county doesn't have a newspaper. (Tenn. Code Ann. §§ 35-5-101 to 35-5-103).

Foreclosure in Tennessee Because Tennessee is a Non-Judicial foreclosure State, the mortgage holder does not need to go through the courts to auction off the property. However, if the legality of the foreclosure is in question, the matter can always be appealed to the court by either party.

Does Tennessee Law Allow for a Redemption Period After a Foreclosure? Yes, there is a right of redemption for Tennessee borrowers whose property has been foreclosed. The time for redemption can be as long as two years but may be shortened depending on the circumstances of the foreclosure.

Foreclosure can happen in Tennessee either by judicial action or by newspaper advertisement (Sheriff Sale). The most common foreclosure action in Tennessee is by advertisement. In this procedure, the lender's attorney advertises the property for sale in a general-circulation newspaper for three consecutive weeks.

Under the PTFA, the lease survives foreclosure. You may stay in the property for the entire term of your lease or 90 days, whichever is longer. The only exception to this rule is if the new owner wants to live in your unit, in which case you are still entitled to 90 days before you can be forced to move.

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Tennessee Complaint or Petition by Purchaser Against Possessor of Real Property After Judicial Foreclosure Sale - Repossession