Summary of Tennessee's Foreclosure Laws

If you are facing foreclosure in Tennessee, it’s important to understand some of the basics, including:

the most common type of foreclosure procedure (judicial v. nonjudicial) used in Tennessee
how much time you have to respond
your rights and protections in the process, and
what happens afterwards (for example, whether you’ll be liable for a deficiency judgment).

Below we have outlined some of the most important features of Tennessee foreclosure law. Keep in mind that this is just a summary; we’ve included statute citations so you can get more details from the laws themselves. And be sure to check out Nolo’s extensive Foreclosure section, where you can find information about all aspects of foreclosure, definitions of foreclosure terms (like redemption and reinstatement), and options to avoid foreclosure.

Topic	State Rule
Common type of foreclosure process	Nonjudicial: under power of sale in deed of trust
Time to respond	Foreclosing party must publish notice 20 days before sale or post notice 30 days before sale, and send notice to homeowner, by registered mail, before first publication.
Reinstatement of loan before sale	No
Redemption after sale	Judicial: allowed for up to two years after sale, unless redemption period is waived in mortgage
Special protections for foreclosures involving high-cost mortgages	Tennessee Home Loan Protection Act §§ 45-20-101 to 45-20-111
Special state protections for service members	Tenn. Code Ann. § 26-1-111
Deficiency judgments	Allowed
Cash exempted in bankruptcy	$4,000 for one person, $8,000 for a married couple
Notice to leave after house is sold	New owner may file forcible entry and detainer lawsuit, which involves serving a warrant on the occupant, trial within six days after service, and an immediate writ of possession ordering sheriff to evict occupant. Former owner may also be evicted through “ejectment” procedure, which takes longer.
Foreclosure statutes	Tenn. Code Ann. §§ 35-5-101 to 35-5-111, 66-8-101 to 66-8-102