Tennessee Code Annotated

Tenn. Code Ann. § 25-5-105 (2026)

Period of lien's continued validity - No revival of registration

✓ current as of May 2026
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Code 1858, § 2982 (deriv. Acts 1799, ch. 14, § 2; 1831, ch. 90, §§ 7, 8; 1833, ch. 92, § 6); Shan., § 4710; Code 1932, §8045; T.C.A. (orig. ed.), § 25-506; Acts 1986, ch. 673, § 1; 2000, ch. 725, § 1; 2001, ch. 170, § 1.


Notes of Decisions
Cited in 25 cases (3 in the last 5 years), 1980–2024 · leading case: Weaver v. Hamrick, 907 S.W.2d 385 (Tenn. 1995).
Weaver v. Hamrick, 907 S.W.2d 385 (Tenn. 1995). · cites it 13× “Tenn. Code Ann. § 25-5-105 (a) (Supp.1994), provides that a judgment lien is lost, “unless an execution is taken out within three (3) years commencing with the date of entry of the judgment.”
Andrews v. Fifth Third Bank, 228 S.W.3d 102 (Tenn. Ct. App. 2007). · cites it 4× “It would therefore appear that Ms. Andrews’ right to the excess proceeds from the foreclosure sale was superior to that of FNB.”
McAllester v. Aldridge (In Re Anderson), 30 B.R. 995 (M.D. Tenn. 1983). · cites it 3× “Tenn.Code Ann. § 25-5-105 (1980) provides: "Period allowed for execution.”
Ats, Inc. v. Kent, 27 S.W.3d 923 (Tenn. Ct. App. 1998). · cites it 3× “We recognize that ATS was put in a better position as a result of the sale from Canfield to Kent. We do not, however, find that this occurred through any fault of ATS.”
In Re Lindsey, 453 B.R. 886 (Bankr. E.D. Tenn. 2011). · cites it 2× “If the creditor makes the § 1111(b) election, then the lien will remain in place subject to the provisions of T.C.A. § 25-5-105 and the creditor will not be allowed an unsecured claim.”
In Re N., 294 B.R. 821 (Bankr. E.D. Tenn. 2003). · cites it 2× “’s Motion for Abandonment of Property, asserting that Colonial’s judgment hen had expired pursuant to Tennessee Code Annotated section 25-5-105 (2001). In the alternative, the Debtors asserted that the judgment lien was avoidable, and in accordance with that argument, the…”
Harbin v. Brooks (Harbin), 25 B.R. 703 (Bankr. W.D. Tenn. 1982). · cites it 2× “The debtor contends that the debt owed to Brooks was discharged in bankruptcy and that Brooks had also lost his judgment lien by not issuing an execution on the land and selling the land within one year after the rendition of the judgment pursuant to Tenn.Code Ann. § 25-5-105.…”
Skinner v. First Union Nat'l Bank (In Re Skinner), 213 B.R. 335 (Bankr. W.D. Tenn. 1997). · cites it 2× “See Tenn.Code Ann. § 25-5-105(a). 3 . The Court does not consider or decide what interest the debtor retains with respect to the truck or whether that interest became property of the bankruptcy estate upon the filing of the debtor’s petition.”
Union Planters Nat'l Bank v. Bell (In Re Bell), 55 B.R. 246 (Bankr. M.D. Tenn. 1985). · cites it 2× “§ 25-5-105 (Michie 1980). 4 The trustee argues that TENN.”
Waldschmidt v. Metals (In Re Ward), 42 B.R. 946 (Bankr. M.D. Tenn. 1984). “§ 25-5-105 provides: The lien given by this chapter will be lost, unless an execution is taken out and the land sold within twelve (12) months after the rendition of the judgment or decree.”
Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008). “§ 25-5-105(a). This right of enforcement is lost through failure to exercise the right within the period of time provided under the statute.”
Coffey v. Se. Energy, Inc. (In Re Coffey), 21 B.R. 804 (Bankr. E.D. Tenn. 1982). · cites it 2× “T.C.A. § 25-5-105 states that the lien will be lost unless an execution is taken out and the land sold within twelve (12) months after the rendition of the judgment or decree.”
— Tenn. Code Ann. § 25-5-105(a) — 4 cases
Ats, Inc. v. Kent, 27 S.W.3d 923 (Tenn. Ct. App. 1998). “We recognize that ATS was put in a better position as a result of the sale from Canfield to Kent. We do not, however, find that this occurred through any fault of ATS.”
Skinner v. First Union Nat'l Bank (In Re Skinner), 213 B.R. 335 (Bankr. W.D. Tenn. 1997). “See Tenn.Code Ann. § 25-5-105(a). 3 . The Court does not consider or decide what interest the debtor retains with respect to the truck or whether that interest became property of the bankruptcy estate upon the filing of the debtor’s petition.”
Atkins v. Marks, 288 S.W.3d 356 (Tenn. Ct. App. 2008). “§ 25-5-105(a). This right of enforcement is lost through failure to exercise the right within the period of time provided under the statute.”
In re Young, 471 B.R. 715 (Bankr. E.D. Tenn. 2012).
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