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Tennessee Supreme Court opinion on UCC-1 filings by “paper terrorists” offers a reminder that current TN law offers no effective civil protections for bogus liens

One of the greatest current failures of Tennessee law is the lack of a penalty for fraudulent lien filings. In December, I wrote: “if somebody records a piece of paper with ‘Notice of Lien’ written somewhere on it (and includes the owner name and property address), they’ve got a totally un-lawful, but also practically-effective, lien.” … Continue reading “Tennessee Supreme Court opinion on UCC-1 filings by “paper terrorists” offers a reminder that current TN law offers no effective civil protections for bogus liens”

Court of Appeals: If attorney discounts their fees, prevailing party may not be entitled to recover full amount

Much to my former law partners and book-keepers’ chagrin, I often apply courtesy discounts to my clients’ legal invoices. It’s counter-productive to my business model. But, as a kid raised by a mom who worked at the local Piggly Wiggly and a dad who worked on an assembly line, sometimes I look at a bill, … Continue reading “Court of Appeals: If attorney discounts their fees, prevailing party may not be entitled to recover full amount”

Are the Nashville Construction Defaults a Leading Indicator that the Nashville Market has finally turned?

I saw something at a Nashville foreclosure yesterday that I hadn’t seen in years. A luxury, high end house in a great neighborhood was auctioned, and nobody showed up to bid. The Lender bought it back at a credit bid. (In the spirit of disclosure, it was a $2MM+ credit bid. They weren’t quite giving … Continue reading “Are the Nashville Construction Defaults a Leading Indicator that the Nashville Market has finally turned?”

Tennessee Court of Appeals Makes Clear: Foreclosing Party Must Prove It “Sent” Foreclosure Sale Notice, Not that it was Actually “Received”

I’ve said that the Tennessee foreclosure process can be intimidating because it’s, largely, non-judicial. Because there’s no judge involved, it comes down to the foreclosure lawyer strictly following the intricate labyrinth of statutory requirements. One of the fundamental steps, of course, is to “send” the homeowner a copy of the Notice of Foreclosure Sale. Under … Continue reading “Tennessee Court of Appeals Makes Clear: Foreclosing Party Must Prove It “Sent” Foreclosure Sale Notice, Not that it was Actually “Received””

New Court of Appeals Opinion suggests that late-filed Answer may not prevent a default judgment

All the good Nashville lawyers I know are so busy right now. This is a good problem to have, but, nevertheless, it is a problem. There’s simply too much demand right now. I overheard one local lawyer telling a story about a frantic call he received from a client, who was freaking out because they … Continue reading “New Court of Appeals Opinion suggests that late-filed Answer may not prevent a default judgment”

Tennessee Court of Appeals makes it clear: When a lien is paid, the Lender must pay the release fee (limited exclusions apply)

When a mortgage or judgment gets paid off, the creditor has to release its lien. It’s not only common sense, but it’s a duty imposed by Tennessee statute (see Tenn. Code Ann. § 66-25-101). It’s an easy process to prepare a Release of Lien and record it with the register of deeds. Also, it’s not … Continue reading “Tennessee Court of Appeals makes it clear: When a lien is paid, the Lender must pay the release fee (limited exclusions apply)”

On Lawyer Stress (a/k/a the Post I will send clients when I raise my rates for 2023)

Do you think you might be having a heart attack? No matter what the actual ailment is. Food poisoning. Anxiety. Indigestion. Insomnia. When you wake up at 2am, with a racing heart, and a feeling that something isn’t quite right, and get asked “Do you think you might be having a heart attack?” Well, in … Continue reading “On Lawyer Stress (a/k/a the Post I will send clients when I raise my rates for 2023)”

Tennessee Courts will not consider substantive challenges to foreign judgments

Where a foreign judgment is based on substantive law that is inconsistent with Tennessee law, will a Tennessee court deny domestication of that judgment in Tennessee? The short answer is “no.” A Tennessee court will only look at whether the judgment is valid in the foreign state and will not consider substantive defenses based on … Continue reading “Tennessee Courts will not consider substantive challenges to foreign judgments”

My 2022 Worst of Legal List: A Highly Biased List of Niche Things I Disliked

I promised a follow-up to my “Best of List,” but, since complaining is more fun, I am writing about some things I disliked in 2022. The courts system’s quick return to pre-COVID practices. You remember my rant when I caught COVID on a 5 hour docket in July. I think courts were too quick to … Continue reading “My 2022 Worst of Legal List: A Highly Biased List of Niche Things I Disliked”

My 2022 Best of Legal Lists (Part 1): A Highly Biased List of Niche Things I Liked This Year

Everybody’s doing “end of the year” lists, so this is my list of law-related things that I’ve enjoyed in 2022, in no particular order: Best Show About Lawyers? Extraordinary Attorney Woo: This South Korean legal dramedy follows Woo Young-woo, a new law school grad starting her career at a white shoe law firm. It debuted … Continue reading “My 2022 Best of Legal Lists (Part 1): A Highly Biased List of Niche Things I Liked This Year”