Tennessee Code Annotated

Tenn. Code Ann. § 28-2-111 (2026)

Period of validity of liens - Extension

✓ current as of May 2026

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(a) Liens on realty, equitable or retained in favor of vendor on the face of the deed, also liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, shall be barred, and the liens discharged, unless suits to enforce the same be brought within ten (10) years from the maturity of the debt.

(b) Subsection (a) shall not apply to lands sold for school purposes, whereon liens have been retained for the payment of the purchase money, nor to persons under disability, until three (3) years after the removal of the same.

(c) Original liens on realty retained in favor of vendors on the face of a deed, also original liens of mortgages, deeds of trust, and assignments of realty executed to secure debts, may be extended without their priority or legal effectiveness being in any way impaired, for any period of time agreed upon and beyond the ten-year period from the maturity of the obligation or debt, as provided for in subsection (a); such extension shall be evidenced by a written instrument, which shall, prior to or within ten (10) years from the maturity of the obligation or debt, be duly executed and acknowledged and be filed for record with the register of the county in which the realty affected is located and be there recorded, all in accordance with the statutes of this state in that regard; and when so filed for record such instrument of extension shall be constructive notice to all persons, as provided by the registration laws of this state; and such instrument shall contain a brief recital of the facts with reference to the original lien and shall provide that the lien shall continue, for a definite period of time in the future, to secure the remaining obligation or debt due under and secured by the original lien, and it shall not be necessary that there be any increase or decrease in the terms of the original obligation either of principal or interest.

Acts 1885, ch. 9, §§ 1, 2; Shan., §§ 4464, 4465; mod. Code 1932, §§ 8590, 8591; Acts 1943, ch. 129, § 1; C. Supp. 1950, § 8590.1; T.C.A. (orig.ed.), §§ 28-212--28-214.

Notes of Decisions

Cited in 8 cases (3 in the last 5 years), 1995–2026 · 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 32× “In the event that the court decides against the Debtors on the primary issue, the Debtors have also raised two state law objections to the Bank’s efforts to foreclose on the Debtors’ residence, namely, that the Bank does not have a note to enforce and the Bank’s deed of trust is…”

Regions Bank v. Donnie Fletcher, 67 F.4th 797 (6th Cir. 2023). · cites it 6× “Page 2 Tennessee’s statute of limitations for actions to enforce liens on real property, Tenn. Code Ann. § 28-2-111 , and declined to establish an equitable lien in favor of the Bank.”

Slaughter v. Slaughter, 922 S.W.2d 115 (Tenn. Ct. App. 1995). · cites it 6× “T.C.A. § 28-2-111 provides in part as follows: 28-2-111.”

First Volunteer Bank v. FMM Bushnell, LLC (Bankr. E.D. Tenn. 2021). · cites it 34× “Mixson no later than March 7, 2018—the date when the right to enforce the lien under Tenn. Code Ann. § 28-2-111 (a) expired. (See Doc.”

Int'l Collection Servs. v. Bailey (Tenn. Ct. App. 1997). · cites it 13× “” Tenn. Code Ann. § 28-2-111 (a) (1980) (formerly codified as Tenn.”

Steve Dickerson v. Regions Bank (Tenn. Ct. App. 2014). · cites it 4× “Based upon the above facts, Plaintiffs asserted that the note executed by Sound Marketing matured on October 6, 1998, and pursuant to the ten-year statute of limitations in Tenn. Code Ann. § 28-2-111 (a), the deed of trust they executed to secure the note was time barred and…”

Robertson (M.D. Tenn. 2026). · cites it 2× “Plaintiff contends that the undisputed facts show that any and all of the Defendants’ claims to the Property based on a “Deed of Trust” implicated by the SAC4 are time- barred by Tenn. Code Ann. § 28-2-111 (a). (Doc. No.”

Gwendolyn H. King v. Bank of Am., N.A. (Tenn. Ct. App. 2020). “King alleged that New York Mellon had not been the rightful holder of the Deed of Trust at the time of the foreclosure sale, and she asserted claims of (1) violation of the FDCPA, (2) illegal flipping, (3) constructive fraud, (4) slander of title, (5) fraud, (6) violations of…”

— Tenn. Code Ann. § 28-2-111(a) — 4 cases

Payne v. First Cmty. Bank (In re Payne), 523 B.R. 560 (Bankr. E.D. Tenn. 2014). “In the event that the court decides against the Debtors on the primary issue, the Debtors have also raised two state law objections to the Bank’s efforts to foreclose on the Debtors’ residence, namely, that the Bank does not have a note to enforce and the Bank’s deed of trust is…”

First Volunteer Bank v. FMM Bushnell, LLC (Bankr. E.D. Tenn. 2021). “Mixson no later than March 7, 2018—the date when the right to enforce the lien under Tenn. Code Ann. § 28-2-111 (a) expired. (See Doc.”

Int'l Collection Servs. v. Bailey (Tenn. Ct. App. 1997). “” Tenn. Code Ann. § 28-2-111 (a) (1980) (formerly codified as Tenn.”

— Tenn. Code Ann. § 28-2-111(c) — 2 cases

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