Anthony M. Avery
Criminal Defense, Real Estate & Probate Matters
Longtime member of the Tennessee Bar, with extensive Jury Trial experience. I am widely known for my expertise in Deeds,Titles and Boundary Disputes. In most Criminal matters prior to Trial, I conduct demanding Preliminary Hearings and present numerous Defenses including Motions To Suppress Evidence, Discovery against the State's Witnesses and Evidence, and Bar Prosecution As Violative of the Statute of Limitations. And in Probate matters, Court Administration or not is carefully examined prior to filing such. If Probate can be avoided, then other Title authorities and Property Transfer methods are pursued.
I am admitted to, and have actually practiced before, the Tennessee Supreme Court, Tennessee Court of Criminal Appeals, Tennessee Court of Appeals, United States Court of Appeals for the Sixth Circuit, United States District Court for the Eastern District of Tennessee and the United States Tax Court.
Unlike most attorneys and title companies, I am capable of drafting precise Deeds and Easements with new Legal Descriptions from one or more Survey plats, with comprehensive Derivation of Title clauses and Habendum clauses. And my Practice often involves Title Searches, Boundary Line Disputes, Deeds of any type, and Quiet Title Actions. My Estate Planning Practice includes Wills, Future Interest Conveyances, Trusts, and Probate Administration. Additionally I prosecute Will Contests and Land Partition Suits. In Criminal Defense Cases, my Clients do not hire me just to plead them Guilty to the original charges.
I am a Retired Field Artillery Officer with the TNARNG and USA. I executed Fire Missions with Cannons, MLRS Rockets or ATACM Missiles. As a Targeting Officer, I directed the employment of Q-37 and Q-36 Weapon Locating Radars. And I was a Nuclear Weapon Officer for 155 mm and 8 inch Artillery in the 2nd Armored Division. For my services in the Iraq War, I was awarded the Combat Action Badge.
- Criminal Law
- Criminal Appeals, Drug Crimes, Expungement, Fraud, Gun Crimes, Internet Crimes, Sex Crimes, Theft, Violent Crimes
- Real Estate Law
- Commercial Real Estate, Condominiums, Easements, Eminent Domain, Homeowners Association, Land Use & Zoning, Mortgages, Neighbor Disputes, Residential Real Estate, Water Law
- Probate
- Probate Administration, Probate Litigation, Will Contests
- DUI & DWI
- Estate Planning
- Guardianship & Conservatorship Estate Administration, Health Care Directives, Trusts, Wills
- White Collar Crime
- Divorce
- Collaborative Law, Contested Divorce, Military Divorce, Property Division, Same Sex Divorce, Spousal Support & Alimony, Uncontested Divorce
- Insurance Claims
- Bad Faith Insurance, Business Insurance, Disability Insurance, Health Insurance, Life Insurance, Motor Vehicle Insurance, Property Insurance
- Tax Law
- Business Taxes, Criminal Tax Litigation, Estate Tax Planning, Income Taxes, International Taxes, Payroll Taxes, Property Taxes, Sales Taxes, Tax Appeals, Tax Audits, Tax Planning
- Traffic Tickets
- Suspended License
- Appeals & Appellate
- Civil Appeals, Federal Appeals
- Landlord Tenant
- Evictions, Housing Discrimination, Landlord Rights, Rent Control, Tenants' Rights
- Veteran's Disability
- Firearms
- Boundary/Title Disputes
- Title Insurance Claims
- Free Consultation
- Contingent Fees
-
Rates, Retainers and Additional Information
Payment Plans with reasonable regular installments are encouraged
- Tennessee
- United States Court of Appeals for the Sixth Circuit
- United States District Court for the Eastern District of Tennessee
- United States Tax Court
- English: Spoken, Written
- University of Memphis Cecil C. Humphreys School of Law
- J.D. (1987)
- The Citadel
- B.A. (1981)
- National Rifle Association
- Member
- Current
- Veterans of Foreign Wars Post # 8779
- Member
- Current
- State Bar of Tennessee # 012925
- Licensed Attorney
- - Current
- Handling Real Estate Transactions: Surveys, Legal Descriptions and Deed Requirements, Knoxville, Tennessee
- National Business Institute
- Real Estate Law: Liens Against Real Property, Perfection and Enforcement, Knoxville, Tennessee
- National Business Institute
- Real Estate Law: Tennessee Title Law (Deeds; Estates; Derivation of Title; Defects; Easements; Litigation), Knoxville, Tennessee
- National Business Institute
- Security Clearance
- Defense Investigative Services
- Q. What is the code or statute in Tennessee for someone removing the iron pin and property markers on a lot?
- A: TCA § 39-14-406 might apply to trespass destruction of a fence or gate... Survey monuments might involve Vandalism. No specific survey marker destruction crime exists in TN except State Boundaries. Survey Markers usually involve more than one landowner, so monuments are usually on common corners.
- Q. Can I file a Motion to Vacate Judgement after I filed a Motion to Vacate Default Judgement that was denied?
- A: You need to hire a competent CA attorney. Otherwise you will lose possession.
- Q. Days before closing found out seller doesnt own home. I paid EM, inspect, apprasl, now survey due. Can I place lein?
- A: Your cause of action is contract breach, fraud, etc. against the alleged seller, not the titled land owner. If you get a judgment, then you can file a lien against him and his property, not the land you thought you were buying. Hire a competent TX attorney now.
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