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Tennessee foreclosure procedures, rules and civil codes

Learn about the Tennessee Foreclosure Procedures and rules including judicial, nonjudicial, and statutory procedures. Learn about the Power of Sale clause on property, a deficiency judgment and your redemption rights. Use the Code of Tennessee outlined below to stop bank foreclosure or to avoid a home foreclosure altogether.

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.