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Tennessee Foreclosure Laws: Process, Timeline and Your Rights

Tennessee foreclosure rules: judicial or non-judicial, required notices, time frames, right to cure, redemption period, deficiency judgments, HOA liens and help for homeowners.

Quick answers for Tennessee

Judicial or non-judicial
Both. Tennessee law covers sales of land to foreclose a deed of trust or mortgage by a trustee without a court judgment, as well as sales under court decrees (including chancery court foreclosure decrees). Tenn. Code Ann. §§ 35-5-101, 66-8-101
Time frames set by law
The statute sets these minimums: the first newspaper publication must be at least 20 days before the sale, the online posting must run for at least 20 continuous days, and the mailed notice to the debtor must be sent on or before the first publication date. Tenn. Code Ann. § 35-5-101(a), (b), (d), (e)
Redemption after the sale
Real estate sold for debt is redeemable for two years after the sale when it is sold under execution, under a court decree (unless the court orders a credit sale with no right of redemption), or under a deed of trust or mortgage without a court judgment. Tenn. Code Ann. §§ 66-8-101, 66-8-102
Deficiency judgments
Yes. After a trustee's or foreclosure sale, the lender may sue for the remaining balance. Absent fraud, collusion, misconduct or irregularity in the sale, the deficiency equals the debt before the sale plus foreclosure and sale costs, minus the property's fair market value at the time of… Tenn. Code Ann. § 35-5-117

Last verified: 2026-10-27

How foreclosure works

Judicial or non-judicialBoth. Tennessee law covers sales of land to foreclose a deed of trust or mortgage by a trustee without a court judgment, as well as sales under court decrees (including chancery court foreclosure decrees).
Mirror source (FindLaw), shown as current as of January 2, 2024; the official Tennessee Code is published through LexisNexis. No official page reviewed states which method is most common.
Source: Tenn. Code Ann. §§ 35-5-101, 66-8-101
Required noticesThe sale must be advertised at least two times in a newspaper published in the county where the sale will be held, with the first newspaper publication at least 20 days before the sale, and posted online by a third-party internet posting company for at least 20 continuous days. On or before the first publication date, the trustee or other seller must send the debtor and any co-debtor a copy of the sale notice by registered or certified mail, return receipt requested, including to the property's mailing address. A sale may be postponed to a specified date within one year of the original date without new newspaper publication if announced as required; if postponed more than 30 days, notice of the new date must be mailed to the debtor at least 10 calendar days before the sale.
Mirror source (FindLaw, current as of January 2, 2024). Bills introduced in later sessions proposed changing these publication rules; confirm the current version of § 35-5-101 before relying on it.
Source: Tenn. Code Ann. § 35-5-101(a), (b), (d), (e)
Time frames set by lawThe statute sets these minimums: the first newspaper publication must be at least 20 days before the sale, the online posting must run for at least 20 continuous days, and the mailed notice to the debtor must be sent on or before the first publication date. A postponed sale must be held within one year of the originally scheduled date.
Mirror source (FindLaw, current as of January 2, 2024).
Source: Tenn. Code Ann. § 35-5-101(a), (b), (d), (e)

After the sale

Redemption after the saleReal estate sold for debt is redeemable for two years after the sale when it is sold under execution, under a court decree (unless the court orders a credit sale with no right of redemption), or under a deed of trust or mortgage without a court judgment. However, for a non-judicial sale, the two-year right does not apply if the deed of trust or mortgage expressly waives it; a waiver of the "equity of redemption" or similar words is enough.
Mirror source (FindLaw, current as of January 2, 2024).
Source: Tenn. Code Ann. §§ 66-8-101, 66-8-102
Deficiency judgmentsYes. After a trustee's or foreclosure sale, the lender may sue for the remaining balance. Absent fraud, collusion, misconduct or irregularity in the sale, the deficiency equals the debt before the sale plus foreclosure and sale costs, minus the property's fair market value at the time of sale. The sale price is presumed to equal fair market value unless the debtor proves by a preponderance of the evidence that the property sold for materially less. The suit must be brought by the earlier of two years after the sale (not counting time a bankruptcy is pending) or the general deadline for enforcing the debt.
Mirror source (FindLaw, current as of January 2, 2024).
Source: Tenn. Code Ann. § 35-5-117

HOAs, taxes and selling

Property tax salesAfter a court-ordered property tax sale is confirmed, interested persons have a right to redeem. The redemption period is set by the court based on how long taxes were delinquent: one year from the order confirming the sale if taxes were delinquent five years or less; 180 days if more than five but less than eight years; 90 days if eight years or more; and 30 days for property shown to be vacant or abandoned. In no event may redemption occur more than one year after the confirmation order.
Mirror source (FindLaw, current as of January 2, 2024).
Source: Tenn. Code Ann. § 67-5-2701(a)
Seller disclosureYes, with an option. For covered residential transfers, the owner must give the buyer either (1) a residential property disclosure statement in the statutory form describing the property's condition, including known material defects, or (2) a residential property disclaimer statement saying the property is sold "as is" with no representations, but the disclaimer may be used only if the buyer waives the disclosure statement.
Mirror source (FindLaw, current as of January 2, 2024).
Source: Tenn. Code Ann. § 66-5-202

Getting help

Free help for homeownersThe Tennessee Housing Development Agency (THDA) is a HUD-approved housing counseling agency whose certified counselors offer free, confidential help to homeowners having trouble paying their mortgage. THDA urges homeowners to contact their loan servicer immediately, and borrowers whose loans are serviced by Volunteer Mortgage Loan Servicing can call 1-844-VOL-SERV (865-7378). THDA warns against anyone who charges a fee for counseling or loan modification help or asks for the deed.
Source: Tennessee Housing Development Agency, Foreclosure Prevention

Foreclosure & Homeowner Law FAQ

Is Tennessee a judicial or non-judicial foreclosure state?
Both. Tennessee law covers sales of land to foreclose a deed of trust or mortgage by a trustee without a court judgment, as well as sales under court decrees (including chancery court foreclosure decrees).
What notice is required before a foreclosure sale in Tennessee?
The sale must be advertised at least two times in a newspaper published in the county where the sale will be held, with the first newspaper publication at least 20 days before the sale, and posted online by a third-party internet posting company for at least 20 continuous days. On or before the first publication date, the trustee or other seller must send the debtor and any co-debtor a copy of the sale notice by registered or certified mail, return receipt requested, including to the property's mailing address. A sale may be postponed to a specified date within one year of the original date without new newspaper publication if announced as required; if postponed more than 30 days, notice of the new date must be mailed to the debtor at least 10 calendar days before the sale.
How long does foreclosure take in Tennessee?
The statute sets these minimums: the first newspaper publication must be at least 20 days before the sale, the online posting must run for at least 20 continuous days, and the mailed notice to the debtor must be sent on or before the first publication date. A postponed sale must be held within one year of the originally scheduled date.
Is there a right of redemption after foreclosure in Tennessee?
Real estate sold for debt is redeemable for two years after the sale when it is sold under execution, under a court decree (unless the court orders a credit sale with no right of redemption), or under a deed of trust or mortgage without a court judgment. However, for a non-judicial sale, the two-year right does not apply if the deed of trust or mortgage expressly waives it; a waiver of the "equity of redemption" or similar words is enough.
Can the lender come after you for the rest of the loan after foreclosure in Tennessee?
Yes. After a trustee's or foreclosure sale, the lender may sue for the remaining balance. Absent fraud, collusion, misconduct or irregularity in the sale, the deficiency equals the debt before the sale plus foreclosure and sale costs, minus the property's fair market value at the time of sale. The sale price is presumed to equal fair market value unless the debtor proves by a preponderance of the evidence that the property sold for materially less. The suit must be brought by the earlier of two years after the sale (not counting time a bankruptcy is pending) or the general deadline for enforcing the debt.
What must a home seller disclose in Tennessee?
Yes, with an option. For covered residential transfers, the owner must give the buyer either (1) a residential property disclosure statement in the statutory form describing the property's condition, including known material defects, or (2) a residential property disclaimer statement saying the property is sold "as is" with no representations, but the disclaimer may be used only if the buyer waives the disclosure statement.
How do you get your home back after a tax sale in Tennessee?
After a court-ordered property tax sale is confirmed, interested persons have a right to redeem. The redemption period is set by the court based on how long taxes were delinquent: one year from the order confirming the sale if taxes were delinquent five years or less; 180 days if more than five but less than eight years; 90 days if eight years or more; and 30 days for property shown to be vacant or abandoned. In no event may redemption occur more than one year after the confirmation order.
Where can homeowners get free foreclosure help in Tennessee?
The Tennessee Housing Development Agency (THDA) is a HUD-approved housing counseling agency whose certified counselors offer free, confidential help to homeowners having trouble paying their mortgage. THDA urges homeowners to contact their loan servicer immediately, and borrowers whose loans are serviced by Volunteer Mortgage Loan Servicing can call 1-844-VOL-SERV (865-7378). THDA warns against anyone who charges a fee for counseling or loan modification help or asks for the deed.

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General legal information, not legal advice. Laws change and local rules can differ; check the linked official source or talk to a lawyer about your situation.