Tennessee Code Annotated

Tenn. Code Ann. § 24-8-101 (2026)

Affidavit of loss

✓ current as of May 2026

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Any lost instrument may be supplied by affidavit of any person acquainted with the facts, stating the contents thereof, as near as may be, and that such instrument has been unintentionally lost or mislaid, and is still the property of the person claiming under it, unpaid and unsatisfied.

Code 1858, § 3901 (deriv. Acts 1819, ch. 27, § 1); Shan., § 5694; Code 1932, § 9879; T.C.A. (orig. ed.), § 24-801.

Notes of Decisions

Cited in 5 cases (1 in the last 5 years), 2008–2021 · leading case: Payne v. First Cmty. Bank (In re Payne), 523 B.R. 560 (Bankr. E.D. Tenn. 2014).

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Payne v. First Cmty. Bank (In re Payne), 523 B.R. 560 (Bankr. E.D. Tenn. 2014). · cites it 4× “Dickerson involved the evidence necessary to establish the existence of a lost instrument under Tenn. Code Ann. § 24-8-101 , which provides that “[a]ny lost instrument may be supplied by affidavit of any person acquainted with the facts, stating the contents thereof .”

Steve Dickerson v. Regions Bank (Tenn. Ct. App. 2014). · cites it 8× “Although Beta was unable to produce an original or photocopy of an October 1998 renewal promissory note or evidence that complied with Tenn. Code Ann. § 24-8-101 to prove it was a lost negotiable instrument, the trial court held that a copy of the 1999 Change of Terms Agreement…”

Bd. of Prof'l Responsibility of the Supreme Court of Tennessee v. Charles Edward Walker (Tenn. 2021). · cites it 4× “” Tenn. Code Ann. § 24-8-101 (2017). -6- During Mr.”

Mfrs. Acceptance Corp. v. U.S. Bank Nat'l Ass'n (Tenn. Ct. App. 2008). · cites it 6× “The Trial Court responded with a Memorandum Opinion and ruled that defendant’s reliance on Tenn. Code Ann. § 24-8-101 did not set out the proper method for setting up a lost instrument, in that the copy of the 2000 deed of trust "was never made up as a lost instrument, and the…”

Hutton Team, LLC v. Ingles Markets, Inc. (Tenn. Ct. App. 2020). “Code § 24-8-101 (2017). Generally, evidence to establish a lost instrument must be clear and convincing.”

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