How Foreclosure Works in Tennessee
Whether Tennessee forecloses through the courts or by power of sale, the notices required, the time frames set by law, and how to catch up before the sale.
Short answer: 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
| 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). 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. |
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| Required notices | 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. 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. |
| 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. A postponed sale must be held within one year of the originally scheduled date. Mirror source (FindLaw, current as of January 2, 2024). |
More Tennessee foreclosure & homeowner law
- Redemption and Deficiency Judgments in Tennessee
- Getting Your Home Back After a Tax Sale in Tennessee
- All Tennessee foreclosure & homeowner law rules
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.
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.