Foreclosure is the main legal remedy available to lenders once a borrower defaults on their mortgage. Tennessee typically allows foreclosures to proceed via a non-judicial process, rather than requiring lenders to file a lawsuit. This process is more streamlined and…
When a Tennessee borrower stops making mortgage payments, the situation may escalate quickly. This is particularly true in Tennessee, where foreclosure is typically nonjudicial. For mortgage servicers, a missed payment may trigger a series of automated notices and communications to…
When a borrower files for bankruptcy during foreclosure proceedings, the lender must immediately pivot to a new process. For mortgage servicers operating in South Carolina and North Carolina, bankruptcy during foreclosure means a halt in foreclosure activity, new timelines, and compliance…
Estate planning becomes significantly more complex when the settlor (trust creator), who is also the sole trustee, shows early signs of cognitive impairment, dementia, or has a family history suggesting future capacity concerns. One strategy to reduce the uncertainty involves…
Special Needs Trusts (SNTs) represent an important estate planning tool for families caring for disabled or incapacitated loved ones. These specialized legal instruments fill in the gaps not covered by government benefits, allowing families to provide financial support to the…
When a person dies without a valid will in South Carolina, they are said to have died "intestate." This situation triggers a specific set of laws that determine how the deceased person's property will be distributed among surviving family members.…
In South Carolina, the probate administration process is lengthy, expensive, and public. One of the most common methods to avoid probate is by establishing a revocable trust and funding it with assets prior to death; however, there are alternative ways…
When a Tennessee borrower files for bankruptcy while going through foreclosure, lenders immediately face long-term title risks and legal exposure. Bankruptcy filings trigger the automatic stay, stopping foreclosure activity and collection efforts. At this stage, brief missteps by a lender…
As a Tennessee lender, you know that priority is everything. Should a borrower default on a loan, the order in which creditors are paid determines whether you recover everything you’re owed, some of what you’re owed, or nothing at all.…
When you have to evict a tenant, the process is stressful, expensive, and time-consuming. Even when you do everything right, the process can cost you months in lost income. Disputes often come down to what a lease does—or does not—say.…