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Questions Memphis Homeowners Ask Before Selling

Plain answers on City of Memphis and Shelby County taxes, code cases, inherited houses, foreclosure and rentals, from a Memphis only cash buyer.

These are the questions Memphis sellers bring to us, and the ones we see people search for most. A lot of them are specific to this city. Memphis homeowners pay two property tax bills on two schedules, code cases go to a dedicated Environmental Court, and empty inherited houses are a target for deed fraud. We answer each one plainly and point you to the office that can confirm it.

For the full sale process from first form to closing, see how it works. For the neighborhoods and suburbs we cover, from Raleigh to Hickory Hill, see areas we serve.

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Picking a Memphis cash buyer you can trust

Memphis homeowners get a lot of "we buy houses" calls, texts and yard signs. Our blog post on whether these companies are legit goes deeper than the short answers below.

Are you the national We Buy Houses franchise?

No. We Buy Houses In Memphis is an independent local company that works only in the Memphis metro. The phrase "we buy houses" is used by hundreds of unrelated buyers, and it is also the name of a national franchise with its own local owners. The name does not tell you much. What tells you something is a written offer, proof of funds, and a closing at a neutral title company or attorney's office.

What paperwork should a real cash buyer give me?

At minimum, a written purchase agreement that shows the price, the closing date, who pays which costs, and how long the buyer has to back out. You should also be able to get proof of funds and the name of the title company or attorney handling the closing. If a buyer wants you to sign a deed, a power of attorney or anything else before closing, stop and call an attorney.

How do you come up with your number?

We look at what nearby houses sold for after they were repaired, then subtract what yours needs: roof, HVAC, sewer line, plumbing, wiring, foundation, windows, kitchen and baths. Then we leave a margin for carrying the house while the work gets done and for the risk that the work costs more than planned. The result is below a retail price for a fixed up house, and we will explain each piece if you ask.

Does it cost me anything to get an offer?

No. Requesting an offer is free, and when you sell to us there is no agent commission. Your loan payoff, any liens and the routine closing items come out of the sale and are listed in the purchase agreement before you sign, so nothing shows up as a surprise at the closing table.

Can I stay in the house for a while after closing?

Often, yes. If you need extra time to move, we can agree on a short period after closing and write it into the contract. You can also simply pick a later closing date. Tell us what you need when you send the address. The sooner we know, the easier it is to plan.

Do I need to fix anything or haul away furniture?

No. We buy as is. That includes houses with roof leaks, failed inspections, smoke damage, or rooms full of belongings. Take the things you want and leave the rest for us to clear out after closing.

Shelby County and City of Memphis property taxes

Taxes are the most confusing part of owning a house inside Memphis, because there are two bills on two different calendars. Houses in Bartlett or Millington have their own city setup, so ask us if you are not sure which applies.

Why do I pay two property tax bills in Memphis?

Because the City of Memphis and Shelby County tax your house separately. The Shelby County Trustee collects the county tax, which like all Tennessee county taxes comes due in October and turns delinquent on March 1. The City of Memphis bills its own tax after the City Council sets the rate, usually in mid to late June. Two bills means two places to check before closing.

When is the City of Memphis property tax delinquent?

After August 31. The city says delinquent property taxes then carry interest of 1.5 percent per month, which is 18 percent a year. That adds up fast on a house that sits vacant. Owners 65 and older who live in the house and have no delinquent taxes can sign up for the city's quarterly payment program, with installments due August 31, November 30, February 28 and May 31.

I owe back taxes to both the city and the county. Can I still sell?

Yes. The title company gets payoff figures from both the City of Memphis and the Shelby County Trustee, and the back taxes, interest and fees are paid out of the sale before you receive the balance. Shelby County holds tax sales for long delinquent property, and city taxes can be included in those sales, so the earlier you act, the more of the sale price you keep.

Who pays this year's taxes when I sell?

Usually each side pays for the part of the year they owned the house. The title company prorates the current year's city and county taxes by the closing date and shows the split on your settlement statement. If you already paid a bill, bring the receipt so the credit goes to you.

Code violations, blight and Environmental Court

Memphis takes blight seriously, and many of the houses we look at in Frayser, Orange Mound and Whitehaven have an open code case. That does not stop a sale.

What happens if a code inspector cites my Memphis house?

The owner gets a notice to correct the problem. If it is not fixed, the case can go to Shelby County Environmental Court, which can order repairs, order a demolition, or appoint a receiver. Do not ignore court dates. Missing them is how owners lose control of the outcome. If you cannot afford the repairs, selling before the court acts is often the better path.

What is a Neighborhood Preservation Act receivership?

It is a Tennessee law that lets a court appoint a receiver to fix up or demolish a blighted property when the owner does not. In Memphis these cases run through Shelby County Environmental Court. The receiver can rehab the house and the owner may be able to reclaim it by repaying the costs, and if not, the property can be auctioned. If your house has been named in one of these cases, talk to an attorney now, and talk to us about a sale before the receiver steps in.

Will you buy a house with an open code case or a demolition order?

Yes, in most cases. Send us a copy of the notice or court order and the next court date. We price the required work into the offer and coordinate with the title company so the case is handled correctly at closing. Be honest about the order. A buyer who does not know about it cannot plan for it.

My Memphis house is vacant. What should I watch out for?

Vacant houses draw break ins, copper theft, illegal dumping and code complaints about tall grass. Keep the yard cut, check on the house often, and keep enough MLGW service on to protect the plumbing in winter and to allow a walk through. Also watch the deed, which is covered in the next section.

Protecting the deed on an empty or inherited house

Memphis families with an empty house should know about deed fraud, where someone records a fake deed and tries to sell or rent a house they do not own.

How can I tell if someone filed a fake deed on my Memphis property?

Sign up for the Shelby County Register of Deeds Fraud Alert. It is free, and it sends you a notice when a document is recorded against your property, so you find out quickly instead of months later. You can sign up online at the Register's website or through the county app. Be careful of look alike emails. Use only the official Register site.

If a fraudulent deed was recorded, can I still sell?

Usually yes, once the title is cleaned up. The Register's office generally has to accept a properly notarized document, so a fake deed can land in the record. Fixing it usually takes an attorney and sometimes a court order. Tell the title company and us right away. We can wait while the title is cleared, and we will not close on a title that is not clean.

Inherited houses and Shelby County Probate Court

Many Memphis houses we buy belonged to a parent or grandparent and are still titled in that person's name, sometimes for years. Here is how those sales usually come together.

Which court handles probate for a Memphis house?

Estates of people who lived in Shelby County go through the Shelby County Probate Court. If there is a will, the executor files it there and asks for letters testamentary. If there is no will, a family member can ask the court to appoint an administrator. A Memphis probate attorney can tell you whether full probate is needed or whether a shorter route fits your family.

The house is still in my late grandmother's name. Can it be sold?

Yes, but the title has to be traced to the people who own it now. That usually means identifying every heir under Tennessee law or under the will, and getting each one to sign, or getting a court order. The title company will ask for death certificates and the probate file if there is one. It takes patience, and we have bought plenty of houses this way.

What if one relative will not agree to sell?

When co owners cannot agree, Tennessee law lets an owner ask a court to divide the property or order it sold, which is called a partition action. That is slow and costly, so most families try to reach an agreement first, sometimes by buying out the holdout's share from the sale. A probate or real estate attorney can explain your options. We can give the family a written number to talk about.

Facing foreclosure in Memphis

Tennessee foreclosures happen without a court case, so the window is short. If a notice has arrived, the steps below are the ones to know.

How much warning do I get before a foreclosure sale in Tennessee?

Not much. Under the state foreclosure statute, the trustee must advertise the sale in a newspaper published in the county at least three times, and the first ad must run at least 20 days before the sale date. A copy of the notice goes to the borrower by registered or certified mail. Your deed of trust may add steps. Call a HUD approved housing counselor or a foreclosure attorney as soon as you see a notice.

Can selling stop my foreclosure?

It can, if the sale closes before the trustee's sale and the proceeds pay off the loan or the lender agrees to accept less. We need the sale date, the lender's name and a rough payoff to tell you if the timing works. If it does not, we will tell you that too, so you can pursue other options while there is still time.

After a Tennessee foreclosure, can I get the house back?

Rarely. State law does provide a two year redemption right after a foreclosure sale, but deeds of trust almost always waive it, and the courts have enforced that waiver. Unless an attorney reads your deed of trust and tells you otherwise, plan as if the sale is final.

Closing costs and forms in a Tennessee sale

A Memphis sale closes at a title company or with a closing attorney, and the deed is recorded with the Shelby County Register of Deeds.

What is the recordation tax on a Memphis home sale?

Tennessee collects 37 cents for every 100 dollars of the price or value, whichever is higher, when the deed is recorded. A 120,000 dollar sale carries 444 dollars of tax. State law puts the tax on the buyer, but the contract can shift it, so look at which side the purchase agreement assigns it to.

Do I need to give a property condition disclosure when selling to an investor?

Tennessee sellers give the buyer either a disclosure statement or a disclaimer statement, and the buyer can agree to take the disclaimer. Investors buying as is usually accept the disclaimer. Some transfers, such as foreclosures, are exempt altogether. Whatever form you sign, do not hide known problems. Ask an attorney if you are unsure which form applies.

Should I keep MLGW on until closing?

Yes, if you can. Water, gas and power make the walk through possible and protect pipes in a freeze. Schedule the MLGW service to stop or transfer on the closing date, and pay the final bill so it does not follow you. If service is already off at a vacant house, tell us. We can still buy it.

Rentals, divorce, and houses across the Mississippi line

We also buy rentals and houses in DeSoto County, Mississippi. See our pages for Southaven and Horn Lake, or the full areas we serve list.

Can I sell a Memphis rental that has a tenant?

Yes. Shelby County is covered by Tennessee's Uniform Residential Landlord and Tenant Act, and a sale does not end the lease. The buyer becomes the landlord, and the tenant's deposit is credited over at closing. Send the lease, the rent roll and any notes on late rent. We buy occupied houses so you can avoid a turnover and an eviction.

I already filed an eviction. Does that stop a sale?

No. In Shelby County, evictions are filed as detainer warrants in General Sessions Court. You can sell while one is pending, and the buyer can take over the case or close after it ends. Tell us where the case stands and the next court date, and check with your attorney before you transfer the property mid case.

We are divorcing. How do we sell the house?

If both spouses are on the deed, both usually sign, even if one has moved out. Tennessee courts divide marital property in a way the court finds fair, and many couples agree to sell and split the proceeds instead of having the court decide. Your divorce attorneys can put the agreement in the decree or a court order. We send one written offer to both of you and close when you are both ready.

Do you buy in Bartlett, Millington and the rest of Shelby County?

Yes. Bartlett and Millington are separate cities inside Shelby County, so the county pieces, such as the Trustee and the Register of Deeds, are the same as in Memphis, while the city setup is their own. We also buy in Memphis neighborhoods like Raleigh, Berclair and Hickory Hill. If your street is not on our list, send the address and we will tell you quickly whether we can make an offer.

Is selling a house in Southaven or Horn Lake different from Memphis?

Yes, because it is a different state. Mississippi has no statewide transfer tax on an ordinary deed, so you will not see Tennessee's recordation tax. Deeds in DeSoto County are recorded with the Chancery Clerk in Hernando, which also handles redemptions of property sold for taxes. The rest of our process is the same, with a title company or attorney closing the sale.

Have a question that is not here? Ask it when you send your address, and a real person will answer. You can also read more about our company or our guide on whether selling for cash is a good idea. We also buy in Berclair and across the metro.

This page is general information for Memphis area homeowners. It is not legal or tax advice, and tax dates, rates and court rules change. For your own situation, talk to a Tennessee or Mississippi real estate attorney, a probate attorney, or a CPA.

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