Tennessee Code Annotated
Tenn. Code Ann. § 29-23-201 (2026)
Injunction against sale under trust deed or mortgage - Notice required
✓ current as of May 2026
- (a) No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives five (5) days' notice to the trustee or mortgagee of the time when, place where, and of the judge or chancellor before whom, the application for injunction is to be made.
- (b) No judge or chancellor shall act upon the application unless the same is accompanied by proof, evidenced by return of a sheriff, constable, or attorney, that notice has been served on the trustee or mortgagee, or that the trustee or mortgagee is not to be found in the county of usual residence, or is a nonresident.
Acts 1873, ch. 10, § 1; Shan., § 6248; Code 1932, § 10535; mod. C. Supp. 1950, § 10535; T.C.A. (orig. ed.), § 23-2401.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1983–2022 · leading case: Gibson v. Mortg. Elec. Reg. Sys., Inc., 23 F. Supp. 3d 895 (W.D. Tenn. 2014).
Gibson v. Mortg. Elec. Reg. Sys., Inc., 23 F. Supp. 3d 895 (W.D. Tenn. 2014). “61 However, pursuant to Tenn.Code Ann. § 29-23-201, a Tennessee state court cannot “grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of money, unless the complainant gives…”
Lindsey v. Lindsey, 930 S.W.2d 553 (Tenn. Ct. App. 1996). “Plaintiffs, Raymond Lindsey and Johnnie Faye Lowe, brought suit for an injunction pursuant to *555 T.C.A. § 29-23-201 (MieMe 1980). 1 Plaintiffs sought to prevent their father, Defendant Eugene Lindsey, from bringing foreclosure proceedings on a note and deed of trust covering…”
Kershaw v. Fed. Land Bank of Louisville, 556 F. Supp. 693 (M.D. Tenn. 1983). “This Court notes that as state procedural law is not applicable in this case, the plaintiffs were not required to comply with the notice provision of Tenn.Code Ann. § 29-23-201. Further, even if state law governed, the notice provisions might be inapplicable because, as this…”
Mark Ross v. Orion Fin. Grp., Inc. (Tenn. Ct. App. 2019). “On November 11, 2010, the trial court entered an order denying the Rosses’ petition on the ground that the petition failed to comply with Tennessee Code Annotated section 29-23-201, which requires an injunction request on a foreclosure to be served on the mortgage holder at…”
David Simpkins v. John Maher Builders, Inc. (Tenn. Ct. App. 2022). “- 37 - In addition, Tennessee Code Annotated § 29-23-201 provides in pertinent part: (a) No judge or chancellor shall grant an injunction to stay the sale of real estate conveyed by deed of trust or mortgage, with a power of sale, executed to secure the payment of a loan of…”
Lee Dodgson v. Cheryl M. Williams (2022). “” Tenn. Code Ann. § 29-23-201 . Here there is no showing that [Williams] took any action to comply with Tenn.”
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