Filing Lis Pendens Tennessee

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Summary

Filing a lis pendens in Tennessee does not initiate legal proceedings but serves to notify the public of ongoing litigation involving real estate. To have a wrongful foreclosure case heard, you must file a Complaint, seek a Temporary Restraining Order or Preliminary Injunction, and request a court hearing. Wrongful foreclosure complaints are usually heard in Chancery or Circuit Court. The opposite of a deficiency judgment is a surplus, which can be claimed by filing with the court. Consult a local attorney for personalized advice.

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In Tennessee, can a home owner file lis pendens against wrongful non-judicial foreclosure
Hello Cynthia. In Tennessee, a lis pendens could be filed if there's ongoing litigation related to real estate. However, this typically requires initiating legal proceedings. It's best to consult a local attorney for accurate advice.
In Tennessee, does filing lis pendens initiate legal proceeding
Hello Cynthia. In Tennessee, filing a lis pendens does not initiate a legal proceeding. Rather, it is filed during an ongoing proceeding involving a dispute over real estate property. It serves to notify the public about this ongoing litigation.
In Tennessee, what is prayed to the court to hear wrongful foreclosure case
Hello Cynthia. To have a wrongful foreclosure case heard in Tennessee, you would typically:
- File a Complaint detailing the wrongful foreclosure
- Seek a Temporary Restraining Order or Preliminary Injunction to halt the foreclosure process
- Request a court hearing on the matter
Please consult a local attorney for personalized advice.
In Tennessee, example of a complaints detailing wrongful foreclosure
Hello Cynthia. A wrongful foreclosure complaint in Tennessee may include:
- Identification of parties involved
- Description of property and mortgage
- Details of alleged wrongful foreclosure actions
- Request for relief (like compensation or property return)
Please consult with a local attorney for tailored advice.
Is a request for relief a prayer in the court
Hello Cynthia. Yes, a 'request for relief' is often referred to as a 'prayer for relief' in legal parlance. It's the part of a complaint where the plaintiff outlines what they are asking the court to do, such as awarding damages or issuing an injunction.
In Tennessee, which court hears complaints regarding wrongful foreclosure
In Tennessee, wrongful foreclosure complaints are usually heard in Chancery Court or Circuit Court, depending on the county. It's best to consult with a local attorney or your county clerk's office for specific information.
In Tennessee, what does circuit court oversee
In Tennessee, Circuit Courts are courts of general jurisdiction and handle various matters including:
- Civil suits
- Criminal cases
- Appeals of decisions from lower courts
- Other legal matters
Please consult a local attorney for more specific information.
Successful complaints against wrongful foreclosure filed in Tennessee
Hello Cynthia. Winning a wrongful foreclosure case in Tennessee typically involves proving the lender violated foreclosure process laws or the terms of the mortgage agreement. It may require evidence such as:
- Incorrect payment calculations
- Insufficient notice given
- Breach of mortgage terms
Please consult a local attorney for personalized advice.
In Tennessee, where do you pray the court for relief against wrongful foreclosure
In Tennessee, you would typically file your 'prayer for relief' or 'request for relief' against wrongful foreclosure in your Complaint before the Chancery or Circuit Court in your county. Please consult a local attorney for more precise guidance.
In Tennessee, what would be the opposite of deficiency judgement
Hello Cynthia. In Tennessee, the opposite of a deficiency judgment, which involves a homeowner owing the lender money after a foreclosure, would be a 'surplus'. This occurs when a foreclosed property sells for more than the owed debt, potentially leading to excess funds for the homeowner.
In Tennessee, how do you recover a surplus after foreclosure
In Tennessee, to recover a surplus after foreclosure:
- You should receive a notice of surplus funds from the trustee or court.
- File a claim for the surplus with the court.
- Provide proof of your claim.
Please consult a local attorney for specific advice.