Use these Tennessee foreclosure procedures to avoid or stop
home foreclosure.
Tennessee Code Annotated, Vol. 4, Sections
16-16-111,21-1-803,35-501 et seq., 66-9-101.
Judicial Foreclosure Available: Yes, (rarely used)
Non-judicial Foreclosure Available: Yes
In Tennessee, foreclosures are usually done under a deed of
trust accompanied by a note. Regular mortgages requiring judicial
foreclosure are seldom used.
Non-judicial Foreclosure
Non-judicial foreclosure is usually done under a deed of trust
which has a power of sale provision. If the deed of trust lacks such a
provision, then the borrower must file a lawsuit (bill in chancery) and
undertake judicial foreclosure.
Preliminary Notices
The foreclosure notice should give the names of the borrower
and lender, describe the property, give any street address and state the time
and place of sale. Advertising The notice of foreclosure sale must be first
published at least 20 days before the sale. The ad must be published three
different times in a newspaper in the county where the land is located.
Sale Procedures
The time of sale shall be between the hours of 10 AM. and 4
P.M. on the day specified in the foreclosure notice.
The sale is made at the place specified in the foreclosure
notice, which is normally the courthouse door.
The sale is for cash to the highest bidder.
Deficiency
A lender may seek a deficiency judgment against persons who
assume debt.
Redemption
The redemption time period is two year The right of
redemption can be waived in the original deed of trust.
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