NASHVILLE, Tenn. (WKRN) – Buying your first home is supposed to be a happy time. It began that way for a Nashville woman until the seller refused to leave.
“It’s been a nightmare,” said homeowner Tamara Holloway. “The seller has essentially pirated my house.”
The seller is Justin McCrory. He says he’s lived in the property for four years and has every right to still be there.
“The transaction went through and they’re getting a good clean property,” McCrory told News 2. “What’s the problem?”
The problem is that Holloway closed on her home on June 1, and there isn’t an amendment saying he could stay past the closing date.
“I technically don’t have to go anywhere,” said McCrory. “They’d have to evict me and they’re not having that.”
But Holloway showed us a detainer warrant she filed Thursday, which is the first step in the eviction process.
When reporter Jessica Jaglois continued to ask questions, McCrory became hostile.
“Shut your mouth,” he said. “You need to learn to take orders!”
According to the title company that facilitated the closing, Holloway’s purchase date and date of possession were both on June 1.
Mark Leedom with Signature Title Services says the processor for the closing wrote McCrory an email telling him to vacate the property but that she hadn’t received a response.
Leedom also said that he has never seen a seller refuse to leave his house and he’s far from alone.
News 2 reached out to real estate attorney Grover Collins with Collins Law Firm. He had never heard of this type of situation either and offered to help Holloway pro bono.
The Greater Nashville Association of Realtors was just as shocked when they heard the story.
The president had a strong warning for buyers: with the Nashville real estate market as hot as it is, don’t panic or rush.
Also, get your keys at closing, Holloway did not. Lastly, try to work with a seller who has a realtor representing him. McCrory did not have one.
“Make sure your realtor understands that it’s a ‘for sale by owner’ and can work with that other party to make sure things like this don’t slip through the cracks,” said GNAR President Denise Creswell.
Collins expects the eviction warrant to go out next week but says it could take up another 30 days to get McCrory out of the home for good.
Copyright 2016 WKRN