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Learn · Title Issues

Tennessee title issues, explained.

The specific title problems that surface during Middle Tennessee real estate closings — each with a plain-English explainer covering what it is, how it surfaces during a title search, and how Vanderpool Law handles it. Most of these can be caught during a Presearch before you sign a contract.

Article

Unreleased Mortgages and Old Deeds of Trust in Tennessee

When a mortgage is paid off but the lender fails to file a release, the old encumbrance remains recorded against the property — sometimes for decades. Unreleased deeds of trust are one of the most common title defects in Middle Tennessee, especially on downtown Franklin and older properties.

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Article

What Is a Mechanic's Lien on Tennessee Real Estate?

A mechanic's lien is a legal claim filed by a contractor, subcontractor, or materials supplier against a property when they haven't been paid for work on it. In Tennessee, they're governed by Tenn. Code Ann. § 66-11-101 et seq. and can attach to the property itself — meaning a future buyer can inherit the debt.

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Article

What Is an Agricultural Easement in Tennessee Real Estate?

An agricultural easement is a recorded right-of-way or use restriction originally created when a property was farmland — for crop access, livestock, shared wells, or farm roads — that remains attached to the land even after the farm is subdivided into residential lots.

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Article

What Is an HOA Resale Certificate in Tennessee?

An HOA resale certificate is a document issued by a Homeowners Association before a property sale, disclosing current assessment balances, pending special assessments, architectural violations, and the community's financial condition. Required before closing in most Tennessee master-planned communities.

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Want us to check your property for these issues? A Presearch catches roughly 95% of the title problems a full search would find — weeks before closing, not 24 hours before. Reach out and we’ll run one.