B6Carrof9

Statute of Limitations on reclaiming Property after date of full payment

12 posts in this topic

Hi , I have a question about the laws in the State of Tennessee about reclaiming Property Land and the Statues of Limitations TO CLAIM Property .I sold property  to My sister in 1997 .She became ill and unable to work a short time afterwards I choose to let her keep the Deed and I put a Deed of trust in the Sullivan County Court House that was drawn up by My Lawyer at that time that state that the payments were to be paid in a 10 year time limit and if for any reason it wasn't I could then reclaim my land She and I worked out an agreement that because she was sick and had no place to go that as long as she paid the land Taxes each year and took care of this property then she could live there until she got better and could  refinance it . I have heard to different answers to my question . My sister didn't pay me for my Property and she died in 2015 .At this point her only son now says that it is his and we both have lawyers, the property should have been paid for in 2008 and the his lawyer says that I should have made a claim to reclaim during this 10 years that it would have been paid but because she was my sister I didn't force this because I never signed the deed of trust over to her that states my rights to my property .  Another Lawyer said that I had from 2008 until 2018 to claim my property before the Statue of Limitations ran out and at that point I would loose my rights to my property. Can any one tell me which answer is right because we didn't

'put a time limit on paper except for the repayment in 10 years. I have been trying for 2 years to get my Land back but because he is the only child he went to court to be over her estate and is Taking me to court because of this Statue of Limitations . Please help me if you can!

                                  Thank you for your time  B6Carrof9 

Edited by B6Carrof9
wanted to ad more facts

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1 hour ago, B6Carrof9 said:

I sold property  to My sister in 1997 .She became ill and unable to work a short time afterwards I choose to let her keep the Deed

 

Can you explain this a little more?  In the ordinary course, if I sell real property to you, I will give you a deed in exchange for whatever consideration we have agreed.  You will then take that deed to the county clerk/recorder and record that deed.  While I could, in theory, take that deed back from you, it would be a legally meaningless act and would not impact your ownership of the property.  Why is it that you think you had the ability not "to let her keep the deed" or what you think would have been the significance of not doing so?

 

 

1 hour ago, B6Carrof9 said:

I put a Deed of trust in the Sullivan County Court House that was drawn up by My Lawyer at that time that state that the payments were to be paid in a 10 year time limit and if for any reason it wasn't I could then reclaim my land

 

This should go without saying, but did your sister sign the deed of trust, and was her signature notarized?

 

 

1 hour ago, B6Carrof9 said:

I never signed the deed of trust over to her that states my rights to my property .

 

I'm not sure what "signed the deed of trust over to her" means.  When you sold her the property, you gave her a warranty deed or grant deed or quitclaim deed, right?  You will, hopefully, answer my question about whether your sister signed the deed of trust.  Assuming she did, then your recording of the deed with the county clerk created a lien in your favor against the property.

 

 

1 hour ago, B6Carrof9 said:

Can any one tell me which answer is right because we didn't

'put a time limit on paper except for the repayment in 10 years.

 

You need to rely on your lawyer's advice.  To the best of my knowledge, no one from Tennessee follows these boards regularly.

 

It appears to me that, when you sold the property to your sister, you had some sort of agreement in place for her to pay you some amount of money.  It appears that the agreement provided that the amount had to be paid in full within ten years.  Since you sold the property in 1997, that would mean she was obligated to pay in full by 2007.  It appears that you then modified that agreement and that the modification provided "that as long as she paid the land Taxes each year and took care of this property then she could live there until she got better and could refinance it."  It's not at all clear from your post whether her repayment obligation ever arose.  You didn't tell us if she ever "got better" or whether she was ever able to "refinance it."  Therefore, it's impossible to determine from your post whether she was ever in breach of the agreement.  It's also not clear whether the modification you described had anything to do with her obligation to pay you back.  Since we cannot determine whether a breach ever occurred, we cannot determine if the applicable statute of limitations ever started running or, if it did, when it started running.  All I can tell you is that the Tennessee statute of limitations for breach of contract is six years.  Therefore, if there was a breach, and if that breach occurred more than six years ago, you may be out of luck.

 

Additionally, in my state, there is an additional statute of limitations that require a claim against a deceased person to be commenced as a lawsuit within one year after the date of death.  I know other states have similar laws, but I don't know if Tennessee has such a law.

 

Finally, I assume that, if the statute of limitations on a breach of contract action has expired, the lien created by the deed of trust is no longer enforceable.  However, I don't know that for sure.

 

I suggest you gather up all of the documents relating to this transaction (and I certainly hope your loan agreement and the modification were reduced to well-drafted writings that you both signed) and consult with a local real estate lawyer.

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Let Me see if I can explain this better! Ok here goes When I agreed to sell my Property to my sister I gave her a deed and I I had the Deed of Trust Recorded at the Court house that had the amount to be paid the interest and the amount of years to repay the $29,000  that I owner financed .  This was drawn up my my lawyer  stating that if she failed to pay I could take back my property . There was also a Promissory note  also stating the interest the date to which payment was to be made and the 10 year loan agreement . My lawyer put all of this on my deed and deed of Trust. I had a house fire in 2014 that destroyed all of my papers and records so I no longer have the Promissory note . I do have the Deed of Trust that is unsigned by me or my sister that is still in the court house. My sister used the deed to borrow money in 2002 and some how gave the loan company a deed of trust that she signed to them but the First Deed of Trust has never been released or signed by me or my sister and is still at the Court house. She didn't tell me about borrowing money  or pay me for my property which her son is saying that he believes she paid me with the money that she borrowed. He has no proof and she didn't pay me  so now he claims that he believes that it was paid for even though she was sick and unable to pay  me before she died. Her son didn't even know her birthday when he buried her. He has lied in court and lied to my family and now wants my Property.

 She didn't have a will and as her only son son  his lawyer is saying that he can claim my property and because I no longer have the Promissory note and that this property would have been paid for if she had made the payments or borrowed money to pay me. His Lawyer is saying because I didn't have a new contract drawn up that the Statue of Limitations  is up and her son is entitled to my property.  They took out a Civil Suite and lied saying they had a check in or close to the amount that would have paid off my Property to get this Civil Suite  , they stopped me from selling my property because of this lie and because I didn't have the Note  I called my bank and learned that they destroy all checks and films after 6 years and there wasn't a check. I am trying to find out if the statue was up when the loan would have been paid for or 10 years after the loan due date . Sorry this is a bit confusing .  Please help me !

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 I gave my sister my word that she could live on my property as long as the taxes were paid and she would try to get a loan to pay me this was not written down . But Since I didn't sign or release the Deed of Trust I thought I was protected . 

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After my sister died in Feb. I hired a lawyer in March to reclaim. He wanted me to take $2,500 and sign the Deed of Trust over to him and I said No..He said that he had given his word that I would take the check and sign the Deed of Trust and if I didn't Then He would no longer be my Lawyer and that it would cost me another $5,000 to hire a new one. I fired him and did get a new lawyer but I am trying to get info before I get took again this is the second Lawyer to take this case and I have to get the info for him so far I have done some of the leg work but still concerned . On the one hand I have a lawyer saying I have until 2018 and another saying that the limitation law is up.

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The main question is "Did your sister sign a deed of trust that you recorded in the clerk's office at the courthouse?"  Your statements that there is a deed of trust at the courthouse that is not signed by you or your sister makes no sense.  You would be well advised to consult a local attorney who can determine the conditions a lot easier than we can.

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52 minutes ago, B6Carrof9 said:

Please help me !

 

As before...I suggest you gather up all of the documents relating to this transaction and consult with a local real estate lawyer.

 

Hopefully, the lawyer who handled this transaction has a copy of the signed note.  However, even if he doesn't that isn't necessarily fatal to your claim.  Re-read my prior response for other issues, but the one that stands out for me is that two years have passed since your sister died.  Something should have been done by now.  Don't wait any longer.

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In 2015 when my sister died 1 month after I hired a lawyer . Because the Lawyer who did my Deed and Deed of Trust had retired and had no info of this case the Lawyer I hired wanted to be the Trustee over my Property I paid him $1,000 to take my case and signed a contract with him to let him be the Trustee and to protect my rights . I paid $600.00 to put it in the papers to sell it and My lawyer kept putting it off stating we needed to give them more time and that the bank needed more time and it was a go and then it wasn't. The lawyer my sisters son hired came up with a lie stating that they had found a check that the bank gave my sister $28,500 and that they thought  that she paid me this check in 2002 because the amount I was selling it to her for was $29,000 They put this in a Civil Suite and my lawyer said they hadn't shown him any proof so it was for sale again . I contacted my bank because they were looking at my bank records to see if my sister gave me a check . There wasn't a check and they lied to the court stating that the bank gave a check to my sister and that they thought she gave it to me. My bank told me that there wasn't any record of a check and after 6 years all checks and films would have been burned.I told my lawyer this and he got mad .  2 days before the sale my lawyer told me that they were offering to give me $2,500. to sign the deed of trust and that this was to save them money to go to court also said that if I didn't take the check and sign the deed that he wasn't going to be my Lawyer and it would cost me another $5,000 to hire a new lawyer and that he had given his word that I would take the check and sign. I got mad and ask him what about his word to me and thats when I fired him and he sent me another $1,000 bill for time spent on my case I paid it but I ask him why I was charged so much and he said I should read the contract I signed . After a year with no court date I hired as new lawyer that wants me to get more papers and he is doing a deposition with Jones lawyer and them and wants me to come up with question to ask .We both did Bankruptcy's mine in 2003 hers in 2004 and neither one of us claimed my property my lawyer at that time told me not to claim it because the deed wasn't in my name and I wasn't getting paid . They tried to scare me with saying I could face charges for fraud .even if they didn't have a check to me for the money owed. like you said this has gone on way to long I had to give him my furniture because I didn't take a lawyer to claims court and because of the dead mans law but I am not rolling over and playing dead and give him my land. I have contacted the lawyer who did my  Bankruptcy and he said he would see what he could do as far as writing me a statement to take to the court about the laws and how they changed in 2005. I am just praying that he does and that I get a judge that will listen to my lawyer and that he will stand up for my rights I hired him in March this past year and I still haven't gotten any where I got the records he ask for and I am having the Bankruptcy lawyer do a letter but as far as question to ask I will have to think hard on it. If you have anything to help me please do my sis wanted to pay us but she couldn't and her greedy son thinks he is in titled to have what is mine .One more point is that 2 of my sister did a letter to the court to state that I wasn't paid and that the furniture was mine and they had them notrized but the court wouldn't admit them and I couldn't bring up what my sister who died wanted because of the dead mans law. My brother even went to court and told them that he lived there with my sister and they called him a liar and the Truth is that her son stood in Court and lied when ask if he knew that his mother didn't want him to have anything that belonged to her and he said he didn't no that . But 3 sisters and my brother were there that night and they showed him what was mine .I lost that round but I hope to win this one . Sad part is all of the people that lived close to sis  where told that Jones or his family was to get nothing that belonged to hers. Please help me keep what is mine.

   Thanks BJ

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Hi , I am praying that you will help me to do what it takes to reclaim my property . I got the copy of my deed of Trust where my sister signed the papers and now I have to go to my Lawyers office on February 20th for a deposition with Jones lawyer and them. First let me correct they date I owner financed my property to my sister was November 6 1998  not 97 . My lawyer wants me to make a list of question that we want to ask them and I really don't no where to start . My plate is full now . My brother died February 6 and I am in a fog ! My brother lived with my sister part of the time and in a camper in her front yard the rest of the time my sister died on February 9th 2015 and on February 6 we had a service for my brother who has lived on my farm ever since she died . I am so sad now because we became so close and now he is gone.He will always be in my heart just like my sisters . He would always say a prayer before we ate and he would always say to watch over the people that liked him and the people that don't. I know he is in heaven now with our family and God. I am sorry if it seems like I am crazy because I guess I am . I don't wont to go to my lawyer without proper questions to ask so I am hoping you have a few for one thing I contacted the lawyer that did my bankruptcy and he said that in 2002 when I did the Bankruptcy was a long time ago and that he didn't have the files anymore and since I let Martha put the Deed in her name and held the Deed of Trust that he was sure that he told us that because it was in her name not ours that Martha would have to claim it if she ever did a Bankruptcy . He said he would write me a letter stating this and help me any way he could . I made an appointment to meet him at his office and I sent my husband to pick up the letter that explained this. He told my husband that he wanted to research it some more and he would have us a letter in a few days . That was last month and now he won't even return my calls.I will call again today. The reason that this fact was so important was the Jones and the Lawyer they have took out a Civil Suite in or around March of 2016 because my sister also did a Bankruptcy in 2004 and she didn't claim my property either and so they stated in the suite that we had lied to the court and that it was fraud and that because of the Statue of Limitations I couldn't claim my property and that is when I first began writing to you last year .  I spoke to the lawyer I had then and he said that they could take me to court on that fact and that I would lose and they said they had a Check from the First Trust bank for $28.500 that Martha had borrowed and that they  were sure she gave it to me for the property I was selling her. The amount  was $29.000 with 9% interest for 10 years and she didn't and couldn't Pay me.  She couldn't work because of her health and had to give up her job.  When I told my lawyer that the Statue of Limitations was over a decade old and that I had called my bank because I knew that they didn't have a check that my sister gave me due to the fact that my Bank told me that back in 1998 they would have burned all checks and that they didn't keep any other records .  My Layer got mad and said if I didn't take the $2,500 check and sign the Deed of Trust that he wasn't going to be my Lawyer any more and that it would cost me $5.000 to hire a new lawyer and that he had given his worded to the Jones and that I need to sign. I fired him and hired a new lawyer .and this is where we are now . They never had a check they don't have a will and they don't have a letter saying that it would go to her son but on my deed it says I can claim my property at any time it also says that Martha could not claim it she took a Bankruptcy . 

 Pray for me I need your prayers . B6Carr of9

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37 minutes ago, B6Carrof9 said:

I am praying that you will help me to do what it takes to reclaim my property .

 

I've twice suggested what you should do.  Whether you actually do anything is in your hands.

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My lawyer has the copies of all of the papers ,the Deed , The Deed Of Trust  and The Civil Suite I don't understand why my lawyer couldn't appeal the Civil Suite ! I have to come up with questions for the   deposition  on the 20th . I will ask to see proof of a Check that they stated that they have. I will ask if he has a will written by his mother and signed? I will ask if he has  a letter stating that she paid for the Property in Full and I wouldn't release the Deed of Trust ? I will ask If they check to see that the Property that I owned and sold in the last 45 years ever Had a Deed or a Deed of Trust  that they know of that wasn't  Signed by me and my husband ? I will ask if on the evening that he went to his mothers home if in fact he wasn't told by My family members that the Property and part of the furniture in her home did in fact belong to me. I will ask how many times a month did he visit his mother ? How many times in the last year had he visited his mother. I will ask if he knew what his mother owed. what her birthday was. Did he know that she wasn't well and hadn't been able to work or keep the job she had because of her health and surgery's that she had and needed I will ask did he know that his uncle lived on her property and in her home to help take care of her and her animals and with bills. I will ask why he took his uncles money and then didn't let him live there as he agreed. I will ask why he ask my brother what he was going to do with the furniture in her home that belong to me .My brother told me when ask this question he was told by Mr. Jones that he would burn it first before he would give it to me. I will ask if his Aunt Nancy, Aunt Loretta,Aunt Cathy, Uncle Randall  and Uncle Allen were in his mothers home when the paramedic's came and removed his mothers body from her home. I will ask if they were told  or shown any furniture or belongs that no longer belong to his mother. I  will ask if he knew his mothers wishes as to what she wanted as far as her funeral . and what she would be buried in.I will ask why he said that he didn't know that his mother had made known to her closest family members that she wanted her son and his wife and children to have nothing that belong to her. And as a matter of fact wasn't he told by his aunt Nancy and Lorretta these facts. And did he not read the deed and deed of trust that wasn't signed or released due to the fact  the property had not been paid for. If there is any thing you can think of I  left out  Please Please put here so I can ad it to mine. 

                                             i NEED ALL YOUR PRAYS FOR ME AND MY SISTERS  Thank you B.J.   B6Carrof9

 

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