Tennessee Code Annotated

Tenn. Code Ann. § 21-1-803 (2026)

Foreclosure sale

✓ current as of May 2026

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Where, upon the foreclosure of a mortgage or deed of trust, or in any case, the specified land to be sold is mentioned in the decree, the court, upon the application of the complainant, may order that:

(1) The property be sold on a credit of not less than six (6) months nor more than two (2) years;

(2) When the sale is made, reported and confirmed, no right of redemption or repurchase shall exist in the debtor or the debtor's creditors, but that the purchaser's title shall be absolute; and

(3) The surplus of the purchase money, or the bonds or notes taken for the purchase money, over and above what is necessary to pay the complainant's debt, be paid to the debtor or the debtor's other creditors entitled to the payment.

Code 1858, § 4489 (deriv. Acts 1832, ch. 36, § 2; 1833, ch. 47, § 2; 1837-1838, ch. 166, § 2); Shan., § 6306; Code 1932, § 10599; T.C.A. (orig. ed.), § 21-1208.

Notes of Decisions

Cited in 3 cases (2 in the last 5 years), 2014–2022 · leading case: State of Tennessee Ex Rel. Herbert H. Slatery, III, Attorney Gen. & Reporter v. HRC Med. Centers, Inc. (Tenn. Ct. App. 2022).

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State of Tennessee Ex Rel. Herbert H. Slatery, III, Attorney Gen. & Reporter v. HRC Med. Centers, Inc. (Tenn. Ct. App. 2022). · cites it 15× “While the statute explicitly vests the chancery court with the power to order a sale that bars the right of redemption, as does an analogous statute, Tenn. Code Ann. § 21-1-803 , the circuit court is also vested by statute with the power to perform the functions of a chancery…”

First Volunteer Bank v. FMM Bushnell, LLC (Bankr. E.D. Tenn. 2021). · cites it 2× “§§ 35-5-101 to 35-5-118; see also Tenn. Code Ann. § 21-1-803 (authorizing judicial foreclosure sales).”

Steve Dickerson v. Regions Bank (Tenn. Ct. App. 2014). · cites it 2× “See Tenn. Code Ann. § 21-1-803 ; see also William H.”

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