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Tennessee law

Real Estate Laws in Tennessee.

Tennessee real estate practice covers deeds, title, residential seller disclosures, homestead, and foreclosure. Tennessee permits both judicial and nonjudicial foreclosure. Nonjudicial foreclosure under a deed of trust with power of sale is the dominant method (typically 30-45 days after notice). Tennessee has one of the shortest foreclosure timelines in the U.S. The Tennessee Residential Property Disclosure Act (Tenn. Code § 66-5-201 et seq.) requires detailed seller disclosures. Tennessee's homestead exemption is $5,000 ($7,500 if 62+, $25,000 if 62+ and low income) — among the lowest in the U.S.

Last verified: 2026-04-17

State law

Key Tennessee Statutes

Nonjudicial Foreclosure (Deed of Trust)Tenn. Code § 35-5-101 et seq.

Tennessee permits nonjudicial foreclosure where the deed of trust contains a power-of-sale clause. Requires Notice of Sale published 3 consecutive weeks and notice to debtor. Sale by trustee at the courthouse. Typical timeline 30-45 days after initial notice — among the fastest in the U.S.

No Post-Sale Redemption (by default)Tenn. Code § 66-8-101

Tennessee does not provide a statutory post-sale redemption period by default. A redemption right exists only if not waived in the deed of trust (and virtually all modern deeds of trust waive it). Borrower must cure before the sale.

Residential Property Disclosure ActTenn. Code § 66-5-201 et seq.

Sellers of residential real property must provide a detailed Residential Property Disclosure Statement covering structural, systems, environmental, and other material conditions.

Homestead ExemptionTenn. Code § 26-2-301

Homestead protects up to $5,000 of equity ($7,500 for one spouse 62+, $25,000 for 62+ low-income). Among the lowest homestead exemptions in the U.S.

Mechanics' LiensTenn. Code § 66-11-101 et seq.

Contractors, subcontractors, and suppliers may file mechanics' liens against improved real property. Filing deadline: 90 days from last furnishing.

Recording Priority (Race-Notice)Tenn. Code § 66-26-103

Tennessee is a race-notice state.

State law

Official Sources

Not Legal Advice

This page summarizes publicly available statutes and rules for informational purposes only. It does not constitute legal advice, and no attorney-client relationship is created by viewing this content. Laws change — always verify with the primary source or consult a licensed attorney in Tennessee.

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