Tennessee

Tennessee Code § 35-5-101. Non-Judicial foreclosure state.

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Judicial Type

Non-Judicial

Redemption

No statutory right of redemption after non-judicial foreclos

Deficiency

Lender may pursue deficiency. The deficiency is debt − sale

Mediation

No mandatory statewide program.

Statute Citation

Tenn. Code Ann. §§ 35-5-101 to 35-5-118

Redemption Period

No statutory right of redemption after non-judicial foreclosure. The sale is final. Note: Tennessee has a 2-year equity of redemption for judicial foreclosures, but non-judicial (which is standard) has no redemption.

Deficiency Judgment Rule

Lender may pursue deficiency. The deficiency is debt − sale price. No fair value limitation — the actual sale price controls. However, the lender must seek deficiency in a separate lawsuit within 6 years.

Notice Requirements

Notice of trustee sale published 3 times — first publication at least 20 days before sale. Notice mailed to borrower at least 20 days before sale (Tenn. Code Ann. § 35-5-101).

Mediation Program

No mandatory statewide program.

Key Provisions

Non-judicial foreclosure under power of sale
Notice published and mailed 20 days before sale
No post-sale redemption
No fair value limitation on deficiency

Homeowner Protections

Notice requirements provide some advance warning
Borrower may negotiate a cash-for-keys or deed-in-lieu before sale
Strict compliance with deed of trust terms required

Frequently Asked Questions

How fast can the lender foreclose in Tennessee?+

Very quickly. After the notice of sale is first published, the sale must be at least 20 days later — but this is the minimum. The total process can be as short as 45-60 days from default to sale. There is no post-sale redemption period. Tennessee is one of the fastest non-judicial foreclosure states. If you receive a foreclosure notice, act immediately — you have just 20 days' notice before the sale.

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