Tennessee Foreclosure Process-Detainer Warrants

Tennessee Foreclosure Lawyer

What is the Tennessee foreclosure process? How does the Tennessee foreclosure process work? What happens if I receive a detainer warrant in Tennessee? What is the Tennessee foreclosure process timeline, and how do I prevent a foreclosure in Tennessee? Why was my loan modification denied in Tennessee? What can I do Stop the Bank from Foreclosing? What is the Tennessee foreclosure procedure, what and are my rights?

I get a lot of people asking me these exact questions when they are facing foreclosure in Tennessee. Most people just want to know what they can expect with a Tennessee foreclosure, what the Tennessee foreclosure timeline is, and what they can do to prevent a foreclosure in Tennessee. It is always scary for the homeowner, who has often already had the run around from their loan servicer and bank. Some people are offered loan modifications, forced to submit and resubmit paperwork– just to be denied for reasons that they cannot understand. This can be scary and frustrating because the homeowner has oftentimes submitted all of the paperwork they have been told to submit, but told that somehow the submitted paperwork was incomplete. It seems like there are no good answers from lenders, loan servicers, or banks about the foreclosure process and where to get help with a Tennessee foreclosure. It’s not hard to understand why you as a Tennessee homeowner facing foreclosure may be reluctant to trust anyone in the foreclosure process. It isn’t your imagination—it is difficult to find anyone that is willing to help with Tennessee Foreclosures. As the foreclosure process in Tennessee may seem confusing, I wanted to give some very simple basic information on what the homeowner can expect.

The non-judicial foreclosure process in Tennessee can generally be broken down in to two parts- foreclosure and eviction. It is best to try to stop or prevent a foreclosure in Tennessee, than it is to fight a foreclosure after it has already happened. Foreclosure in Tennessee is usually started when the lender, loan servicer, the bank, or their Attorney, writes the homeowner a letter alleging that the homeowner is late on payment. A “Notice of Sale” or “Notice of Substitute Trustees Sale” follows which informs the homeowner of an impending sale of the property, a specific date, and a specific time is given for the sale. This date is very important as it requires action from the homeowner- do not wait to do something if you get this Notice. The longer you wait the harder the foreclosure process becomes. Bank/servicer foreclosure lawyers or other attorney’s office usually sends the “Notice of Sale” or “Notice of Substitute Trustees Sale.” Foreclosure notices in Tennessee can be sent from any law firm the bank or servicer decides to hire. Generally the law firms are hired to do the paperwork for the foreclosure sale and deal with any legal problems that arise with the foreclosure process. PLEASE BE ADVISED- the bank hires a lot of qualified lawyers, most of which have years of experience on these cases. They are hired to make sure the foreclosure process goes through. I have dealt extensively with Tennessee foreclosure issues over the years and know that doing a foreclosure lawsuit pro se (on your own) is ill advised. Often times the bank or servicer’s lawyers do not know the entire battered history you may have as a homeowner, and facing the Court system alone is not the best way to approach these problems. There is a time and place to air these concerns; you just have to know when and where it is appropriate.

The foreclosure lawyers represent the loan servicer or foreclosing bank – ie: Bank of America, US Bank Trust, New York Bank of Mellon, Ocwen, Wells Fargo, ASC, MERS (MERS is a different issues), Indymac Bank, Countrywide, America’s Wholesale Lender, Green Tree, Nationstar, New Century, and JP Morgan Chase, just to name a few. Once the servicer has set a date, it can be postponed either by the servicer or bank, or by taking direct legal action to prevent the Tennessee foreclosure. There is a strict timeline to act when you receive the “Notice of Sale” if you want to act– don’t put action off if you believe something isn’t right. Do not wait until the last minute, as it becomes harder (although not impossible) to do anything after the Tennessee Foreclosure sale has taken place. Recently, the banks have been arguing that if you don’t speak up about a wrongful Tennessee foreclosure, you may waive your rights to bring the issue up later (and some Courts are agreeing!).

The next part of Tennessee foreclosure process deals with eviction. Just because the house has been foreclosed on in Tennessee, does not necessarily mean that the homeowner will lose possession of the property immediately. The Tennessee foreclosure eviction process starts after the homeowner is given a detainer warrant. The Sheriff generally serves a detainer warrant in Tennessee to the homeowner. The Tennessee detainer warrant is the way that the servicer or bank tries to get the homeowner out of the property following a foreclosure sale. It is very important that if you get served with a detainer warrant that you make sure and know your legal rights concerning the legality (or illegality) of the Tennessee Foreclosure sale. Make sure to read and follow all instructions made to you by the Court where the Tennessee detainer warrant was filed following a Tennessee foreclosure sale. When the Tennessee homeowner is sued by the bank or servicer for possession of the house he or she must bring up all the issues concerning the foreclosure or may lose their rights to do so forever. If possible, try to prevent the Tennessee foreclosure before it gets to the eviction phase. My recommendation is that you do not wait until the Tennessee detainer warrant process has started after a Tennessee foreclosure sale, however if you do, do not sit on your rights as you will need to act if you want to save your home in Tennessee.

If you are having trouble with foreclosure in Tennessee, trouble with your servicer, bank, trouble with your loan modification, need to know you rights or have your paperwork reviewed to see if you are potentially a victim of a fraudulent foreclosure in Tennessee, or have other questions concerning Tennessee foreclosure prevention, Tennessee foreclosure procedure, or Tennessee foreclosure postponement, please email me at John@HigginsLawFirm.Net or call 615-496-1127.

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