Tenn. Code Ann. § 25-5-101
Real property
- (a) Judgments and decrees obtained before July 1, 1967, in any court of record of this state, in the county where the debtor resides at the time of rendition, shall be liens upon the debtor's land in that county from the time the same were rendered.
- (b)
- (1) Except as provided in subdivision (b)(2), judgments and decrees obtained from and after July 1, 1967, in any court of record and judgments in excess of five hundred dollars ($500) obtained from and after July 1, 1969, in any court of general sessions of this state shall be liens upon the debtor's land from the time a certified copy of the judgment or decree shall be registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees unless and until a certified copy of the same is registered as otherwise provided by law.
- (2) Judgments and decrees obtained by a governmental entity from and after July 1, 2005, in any court in counties having a metropolitan form of government with a population of more than five hundred thousand (500,000), according to the 2000 federal census or any subsequent federal census, shall be liens upon the debtor's land from the time a certified copy of the judgment or decree is registered in the lien book in the register's office of the county where the land is located. If such records are kept elsewhere, no lien shall take effect from the rendition of such judgments or decrees, unless and until a certified copy of the lien is registered as otherwise provided by law.
- (c) Attachments, orders, injunctions and other writs affecting title, use or possession of real estate, issued by any court, shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such attachment, order, injunction or other writ is issued only after an appropriate copy or abstract, or a notice of lis pendens, is recorded in the register's office of the county wherein the property is situated. If an abstract is used, the contents shall be as prescribed in § 25-5-108.
Code 1858, § 2980 (deriv. Acts 1831, ch. 90, § 7; 1833, ch. 92, § 6); Shan., § 4708; Code 1932, § 8043; Acts 1957, ch. 310, §1; 1967, ch. 375, § 1; 1969, ch. 33, § 1; T.C.A. (orig. ed.), § 25-501; Acts 1983, ch. 212, § 1; 2005, ch. 306, §§ 1, 2.
Notes of Decisions
Cited in 44
cases (4 in the last 5 years), 1980–2025 · leading case: In Re Tarkington
In Re Tarkington (2003)
“Tenn. Code Ann. § 25-5-101 (b). 3 . The parties stipulate that the Debtors received their discharge on October 26, 2000; however, the court takes judicial notice that the actual discharge date is October 25, 2000.”
Andrews v. Fifth Third Bank (2007)
“While the provisions of Tennessee Code Annotated section 25-5-101, et seq. use only the word “judgment” and never the words “final judgment,” under any analysis associated with logic, the only “judgment” ever contemplated by the statutory scheme is a “final judgment.”
In Re Northern (2003)
“See Tenn. Code Ann. § 25-5-101 (b) (2001) (“Judgments .”
Holiday Hospitality Franchising, Inc. v. States Resources, Inc. (2006)
“See Tenn.Code Ann. § 25-5-101(b) (2000 & Supp.”
ATS, INC. v. Kent (1998)
“A judgment obtained in Tennessee becomes a lien on the debtor’s real property when the judgment is recorded in the register’s office of the county where the land is located.”
Bodin Apparel, Inc. v. Lowe (1980)
“00) to perfect a lien in the equitable interest of a judgment debtor and a third-party purchaser for value 2 in real estate without compliance with the provisions of T.C.A. § 25-5-101, et seq. 3 With particularity the issue is raised as to whether the creditor must comply with…”
Kreis v. Shope (In Re Ressler) (1986)
“Subsection (c) of Tenn.Code Ann. § 25-5-101 (Supp.1985) recites in part: Attachments, orders, injunctions and other writs affecting title, use or possession of real estate, issued by any court shall be effective against any person having, or later acquiring, an interest in such…”
Stair v. Shumate (In Re Shumate) (1984)
“3 The trustee argues that the state judgment lien statute, Tenn.Code Ann. § 25-5-101 (1980), affords a lien only to the extent that a judgment is final and conclusive in amount.”
Braverman v. Roberts Construction Co. (1987)
“On April 5, 1982, Farmington filed a certified copy of the judgment in the Shelby County Register’s Office in order to perfect a judgment lien pursuant to T.C.A. § 25-5-101 (1980). On the following day, April 6, 1982, a warranty deed from Roberts Construction Company to…”
In Re Sivley (1981)
“Tenn.Code Ann. §§ 25-5-101(a) & 25-5— 105.”
Keep Fresh Filters, Inc. v. Reguli (1994)
“The first is the judgment Ken authorized by Tenn.Code Ann. § 25-5-101(b) (Supp.1994) that attaches to a judgment debtor’s real property.”
Bedwell v. Bedwell (1989)
“The cause is remanded to the chancery court to determine whether a portion of the property may be sold to satisfy the lien and, if not, a judgment for the lien will be entered in accordance with provisions of T.C.A. § 25-5-101 et seq. The judgment of the trial court is affirmed…”
— Tenn. Code Ann. § 25-5-101(a) — 1 case
In Re Sivley (1981)
“Tenn.Code Ann. §§ 25-5-101(a) & 25-5— 105.”
— Tenn. Code Ann. § 25-5-101(b) — 13 cases
Holiday Hospitality Franchising, Inc. v. States Resources, Inc. (2006)
“See Tenn.Code Ann. § 25-5-101(b) (2000 & Supp.”
In Re Tarkington (2003)
“Tenn. Code Ann. § 25-5-101 (b). 3 . The parties stipulate that the Debtors received their discharge on October 26, 2000; however, the court takes judicial notice that the actual discharge date is October 25, 2000.”
Keep Fresh Filters, Inc. v. Reguli (1994)
“The first is the judgment Ken authorized by Tenn.Code Ann. § 25-5-101(b) (Supp.1994) that attaches to a judgment debtor’s real property.”
ATS, INC. v. Kent (1998)
“A judgment obtained in Tennessee becomes a lien on the debtor’s real property when the judgment is recorded in the register’s office of the county where the land is located.”
Kreis v. Shope (In Re Ressler) (1986)
“Subsection (c) of Tenn.Code Ann. § 25-5-101 (Supp.1985) recites in part: Attachments, orders, injunctions and other writs affecting title, use or possession of real estate, issued by any court shall be effective against any person having, or later acquiring, an interest in such…”
— Tenn. Code Ann. § 25-5-101(b)(1) — 4 cases
Atkins v. Marks (2008)
— Tenn. Code Ann. § 25-5-101(b)(2) — 1 case
— Tenn. Code Ann. § 25-5-101(b)(l) — 1 case
Andrews v. Fifth Third Bank (2007)
“While the provisions of Tennessee Code Annotated section 25-5-101, et seq. use only the word “judgment” and never the words “final judgment,” under any analysis associated with logic, the only “judgment” ever contemplated by the statutory scheme is a “final judgment.”
— Tenn. Code Ann. § 25-5-101(c) — 5 cases
Holiday Hospitality Franchising, Inc. v. States Resources, Inc. (2006)
“See Tenn.Code Ann. § 25-5-101(b) (2000 & Supp.”
In Re Tarkington (2003)
“Tenn. Code Ann. § 25-5-101 (b). 3 . The parties stipulate that the Debtors received their discharge on October 26, 2000; however, the court takes judicial notice that the actual discharge date is October 25, 2000.”
ATS, INC. v. Kent (1998)
“A judgment obtained in Tennessee becomes a lien on the debtor’s real property when the judgment is recorded in the register’s office of the county where the land is located.”
In re Young (2012)
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