Tennessee Code Annotated

Tenn. Code Ann. § 25-5-102 (2026)

Equitable interests

✓ current as of May 2026
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A judgment or decree shall not bind the equitable interest of the debtor in real estate or other property until a memorandum or abstract of the judgment or decree, stating the amount and date thereof, with the names of the parties is certified by the clerk and registered in the register's office of the county where the real estate is situated.

Code 1858, § 2984 (deriv. Acts 1832, ch. 11, § 3; 1832, ch. 92, § 6); Shan., § 4712; mod. Code 1932, § 8047; Acts 1967, ch. 375, § 3; T.C.A. (orig. ed.), § 25-503.


Notes of Decisions
Cited in 6 cases (2 in the last 5 years), 1980–2025 · leading case: Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008).
Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008). · cites it 2× “Tenn.Code Ann § 25-5-102 (2000). Creditor filed a copy of the judgment in the Montgomery County Register of Deeds on June 20, 2002.”
Coffey v. Se. Energy, Inc. (In Re Coffey), 21 B.R. 804 (Bankr. E.D. Tenn. 1982). · cites it 2× “” T.C.A. § 25-5-102 states that a judgment or decree shall not bind the equitable interests of a debtor in real estate or other property until a memorandum or abstract of the judgment or decree is certified by the clerk and registered in the register’s office where the real…”
Bodin Apparel, Inc. v. Lowe, 614 S.W.2d 571 (Tenn. Ct. App. 1980). · cites it 2× “T.C.A. § 25-5-102. EQUITABLE INTERESTS. — A judgment or decree shall not bind the equitable interest of the *573 debtor in real estate or other property until a memorandum or abstract of the judgment or decree, stating the amount and date thereof, with the names of the parties…”
Farinash v. Hardin (Bankr. E.D. Tenn. 2021). · cites it 2× “” Tenn. Code Ann. § 25-5-102 , cited in In re Hilliard, No.”
Watson v. Porter (M.D. Tenn. 2025). · cites it 2× “Contrary to Plaintiff, however, the Court believes that such passage occurred not directly under Tennessee Code Annotated section 20-5-106 (which is inapplicable here because it applies only to causes of action for injuries that caused the decedent’s death), but rather under…”
John Mark Atkins, surviving spouse & next of kin of Victoria H. Atkins, & as parent of Lauren Atkins v. Robert Clive Marks (Tenn. Ct. App. 2008). · cites it 2× “-5- Tenn. Code Ann § 25-5-102 (2000). Creditor filed a copy of the judgment in the Montgomery County Register of Deeds on June 20, 2002.”
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