Tenn. Code Ann. § 20-3-101
Filing of abstract - Effect of not filing
- (a) When any person, in any court of record, by declaration, petition, bill or cross bill, seeks to fix a lien lis pendens on real estate, or any interest in real estate, situated in the county of suit, in furtherance of the setting aside of a fraudulent conveyance, of subjection of property under return of nulla bona, tracing a trust fund, enforcing an equitable vendor's lien, or otherwise, that person shall file for record in the register's office of the county an abstract, certified by the clerk, containing the names of the parties to the suit, a description of the real estate affected, its ownership and a brief statement of the nature and amount of the lien sought to be fixed.
- (b) Until the abstract is so filed, so far as concerns the rights of bona fide purchasers and encumbrancers, for value, of the realty, or any interest in the realty, they shall not be affected.
Code 1932, § 8053; T.C.A. (orig. ed.), § 20-301.
Notes of Decisions
Cited in 29
cases (5 in the last 5 years), 1983–2024 · leading case: Munson Hardisty, LLC v. Legacy Pointe Apartments, LLC
Munson Hardisty, LLC v. Legacy Pointe Apartments, LLC (2019)
“First, defendant states that plaintiff has failed to meet the statutory requirements for requesting a lis pendens under Tenn. Code Ann. § 20-3-101 because plaintiff has failed to include a legal description of the property in its Second Amended Complaint, which plaintiff seeks…”
David Leonard Associates, P.C. v. Airport-81 Nursing Care, Inc. (In Re Airport-81 Nursing Care, Inc.) (1983)
“The question before the court is whether the plaintiff architectural firm is entitled to a lien by virtue of its notice of lien lis pendens, Tenn.Code Ann. § 20-3-101 (1980). 1 The trustee in bankruptcy contends that plaintiff’s claim is beyond the scope of those claims entitled…”
Schmitt v. Smith (2003)
“Schmitt contends further that even if this Court concludes that an attorney is not required to note a lien in the final judgment, the notice McCrary filed with the Shelby County Register’s Office was insufficient because it failed to comply with Tennessee Code Annotated section…”
Kreis v. Shope (In Re Ressler) (1986)
“On April 20, 1983, defendants filed a notice of lien lis pendens, Tenn.Code Ann. § 20-3-101 (1980), in the Register’s Office for Knox County, Tennessee.”
Domus Dev. LLC v. Titan Dev. LLC (2018)
“Tenn. Code Ann. § 20-3-101 (a). Subsection (b) merely states that until such abstract is filed, "the rights of bona fide purchasers and encumbrancers, for value, of the realty, or any interest in the realty .”
Hubbard v. Hardeman County Bank (1993)
“The issues on appeal as we perceive them are: (1) Whether the buildings are real estate within the meaning of T.C.A. § 20-3-101(a); (2) Whether Hubbard is entitled to a constructive trust on the proceeds from the sale of building; and, (3) If Hubbard has a valid lien lis pendens…”
In Re: The Matter of the Conservatorship of Mittie T. Alexander v. JB Partners, A Tennessee General Partnership (2011)
“Alexander’s notice did not comport with Tennessee Code Annotated § 20-3-101, and accordingly was void, the trial court also correctly found that the contract executed by Mr.”
Union Planters National Bank v. Bell (In Re Bell) (1985)
“§ 20-3-101 (Michie 1980). Watts was entitled to a lien by virtue of TENN.”
Atkins v. Marks (2008)
“But see Tenn.Code Ann. § 20-3-101 (1994). This section of the chapter entitled “Lis Pen-dens” in the title dedicated to Civil Procedure suggests that an abstract must be filed in the register’s office to fix a lien lis pendens on the real property.”
Greenpoint Mortgage Funding, Inc. v. Schlossberg (2005)
“Codified Laws § 15-10-3 (same); TennCode Ann. § 20-3-101 (constructive notice commences upon recording of Notice); Tex Prop Code Ann.”
David Leonard Associates, P.C. v. Airport-81 Nursing Care, Inc. (In Re Airport-81 Nursing Care, Inc.) (1983)
“Plaintiff maintains its chancery court lawsuit to subject the debtor’s six-acre tract to its claim for architectural services is a proper case for the application of Tenn.Code Ann. § 20-3-101 (1980), which enacts: (a) When any person, in any court of record, by declaration,…”
McAllester v. Adams (In re Adams) (1983)
“26-4-104); and one for a person who brings suit involving a particular piece of property (T.C.A. 20-3-101). The lien claimed in the case at bar fits neither category.”
— Tenn. Code Ann. § 20-3-101(a) — 4 cases
Hubbard v. Hardeman County Bank (1993)
“The issues on appeal as we perceive them are: (1) Whether the buildings are real estate within the meaning of T.C.A. § 20-3-101(a); (2) Whether Hubbard is entitled to a constructive trust on the proceeds from the sale of building; and, (3) If Hubbard has a valid lien lis pendens…”
David Leonard Associates, P.C. v. Airport-81 Nursing Care, Inc. (In Re Airport-81 Nursing Care, Inc.) (1983)
“The question before the court is whether the plaintiff architectural firm is entitled to a lien by virtue of its notice of lien lis pendens, Tenn.Code Ann. § 20-3-101 (1980). 1 The trustee in bankruptcy contends that plaintiff’s claim is beyond the scope of those claims entitled…”
— Tenn. Code Ann. § 20-3-101(b) — 2 cases
Schmitt v. Smith (2003)
“Schmitt contends further that even if this Court concludes that an attorney is not required to note a lien in the final judgment, the notice McCrary filed with the Shelby County Register’s Office was insufficient because it failed to comply with Tennessee Code Annotated section…”
Union Planters National Bank v. Bell (In Re Bell) (1985)
“§ 20-3-101 (Michie 1980). Watts was entitled to a lien by virtue of TENN.”
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