Tenn. Code Ann. § 35-5-101
Twenty days' notice by publication
- (a) In any sale of land to foreclose a deed of trust, mortgage or other lien securing the payment of money or other thing of value or under judicial orders or process, advertisement of the sale shall be made at least three (3) different times in some newspaper published in the county where the sale is to be made.
- (b) The first publication shall be at least twenty (20) days previous to the sale.
- (c) This section shall not apply where the amount of indebtedness for the payment of which the property being sold does not amount to more than two hundred dollars ($200), in which event the owner of the property may order that advertisement be made by written notices posted as provided in § 35-5-103, instead of by notices published in a newspaper.
- (d) Nothing in this section shall be construed as applying to any notice published in accordance with any contract entered into heretofore, and expressed in a mortgage, deed of trust or other legal instruments.
- (e) In any sale of land to foreclose a deed of trust, mortgage, or other lien securing the payment of money or other thing of value or under judicial orders of process, the trustee or other party that sells the property shall send to the debtor and any co-debtor a copy of the notice required in § 35-5-104. The notice shall be sent on or before the first date of publication provided in subsection (b) by registered or certified mail, return receipt requested. The notice shall be sent to the following:
- (1) If to the debtor, addressed to the debtor at:
- (A) The mailing address of the property, if any; and
- (B) The last known mailing address of the debtor or any other mailing address of the debtor specifically designated for purposes of receiving notices provided at least thirty (30) days prior to the first publication date in written correspondence or written notice in accordance with the loan agreement from the debtor to the creditor, but only if the last known mailing address of the debtor or other mailing address designated by the debtor is different from the mailing address of the property; and
- (2) If to a co-debtor, addressed to the co-debtor at the last known mailing address of the co-debtor or any other mailing address of the co-debtor specifically designated for purposes of receiving notices provided at least thirty (30) days prior to the first publication date in written correspondence or written notice in accordance with the loan agreement from the co-debtor to the creditor, but only if the last known mailing address of the co-debtor or other mailing address designated by the co-debtor is both different from the mailing address of the property and different from the mailing address of the debtor determined as provided in subdivision (e)(1)(B).
- (1) If to the debtor, addressed to the debtor at:
- (f) Unless postponement or adjournment is contractually prohibited, any sale hereunder may be adjourned and rescheduled one (1) or more times without additional newspaper publication, upon compliance with the following provisions:
- (1) The sale must be held within one (1) year of the originally scheduled date;
- (2) Each postponement or adjournment must be to a specified date and time, and must be announced at the date, time and location of each scheduled sale date;
- (3) If the postponement or adjournment is for more than thirty (30) days, notice of the new date, time, and location must be mailed no less than (10) calendar days prior to the sale date via regular mail to the debtor and co-debtor; and
- (4) Notice of the right to postpone or adjourn without additional newspaper publication shall not be required to be published in any newspaper publication.
Code 1858, § 2145 (deriv. Acts 1855-1856, ch. 83, §1); Acts 1859-1860, ch. 60; Shan., § 3838; mod. Code 1932, § 7793; Acts 1943, ch. 123, § 1; mod. C. Supp. 1950, § 7793; Acts 1957, ch. 41, §1; T.C.A. (orig. ed.), § 35-501; Acts 2006, ch. 801, §10; 2008 , ch. 743, § 1; 2011 , ch. 505, § 2.
Notes of Decisions
Cited in 52
cases (11 in the last 5 years), 1990–2026 · leading case: Lawrence Glazer v. Chase Home Finance, LLC
Lawrence Glazer v. Chase Home Finance, LLC (2013)
“3204 (authorizing foreclosure by advertisement only if no lawsuit has been filed to recover the underlying debt); Tenn.Code Ann. § 35-5-101 (permitting foreclosure by advertisement).”
Citimortgage, Inc. v. Angeline Renee Drake (2013)
“The counterclaim asserts that “[t]he following statutes are wholly or partially unconstitutional: Tenn. Code Ann. §§ 35-5-101 , 35-5-103, 35-5-106, 29-23-201, 29-18-119(c), and 29-18-125.”
Marra v. Bank of New York (2009)
“See Tenn. Code Ann. § 35-5-101 (2007). The court-ordered sale of the Breezy Meadows Property was held on March 8, 2007.”
Kirkland Sturgis v. Donna Smith Thompson (2011)
“In its order, the General Sessions Court referenced the statutes governing judicial or trust sales, Tennessee Code Annotated § 35-5-101, et seq. It acknowledged the specific notice requirements in Sections 35-5-101 through 105, but found that Sturgis was a good faith purchaser…”
Third National Bank in Nashville v. Knobler (1990)
“The bank then moved to have the survivorship interest sold in a judicial sale pursuant to Tenn. Code Ann. § 35-5-101 et seq. In an order entered on August 21, 1987, the chancellor denied the requested sale on the ground that the cited code sections applied to judicial sales of…”
Galyon v. First Tennessee Bank National Ass'n (1991)
“They held that although defendants complied with T.C.A. § 35-5-101, which requires that a foreclosure sale be advertised three (3) times with the first advertisement to appear at least twenty (20) days prior to the sale, they failed to comply with the terms of the deed of trust…”
Coleman v. Indymac Venture LLC (2013)
“” Tenn.Code Ann. § 35-5-101(e). Because Coleman is not a debtor or a co-debtor, Indymac Venture is not required, under Tennessee law, to send him a notice of the' foreclosure sale.”
Greenstein v. Bank of Ozarks (2014)
“See generally Tenn. Code Ann. §§ 35-5-101 through 35-5-118.”
Diana Sue Long v. Michael George Long (1997)
“Tenn.Code Ann. § 35-5-101 (1996). We disagree with the husband’s characterization of the trial court’s ruling and find that, by its language, the court was simply informing the parties that it contemplated the wife’s full-time employment so that this would not be a “a…”
State, ex rel., Jana Ruth Alford Nichols v. Randall Nelson Songstad (2018)
““[S]ince 1984, the process and criteria for ascertaining a parent’s child support obligation has been governed by Child Support Guidelines promulgated by the Tennessee Department of Human Services in accordance with Tenn.”
Glenver Ian Smith v. Stephen L. Hughes (2021)
“” Tenn. Code Ann. § 35-5-101 (e). Notably, however, the statute only provides that the trustee shall “send” the notice, and “[t]here is no statutory requirement that the notice be received by the debtor.”
Earl Thacker v. Shapiro & Kirsch, LLP., Paul Abraham and the Knoxville News Sentinel (2011)
“Plaintiffs contend that, pursuant to Tenn.Code Ann. § 35-5-101 (a), S & K was required to advertise the foreclosure sale in that paper, and not in a newspaper published in another county, such as Knox County.”
— Tenn. Code Ann. § 35-5-101(a) — 4 cases
Earl Thacker v. Shapiro & Kirsch, LLP., Paul Abraham and the Knoxville News Sentinel (2011)
“Plaintiffs contend that, pursuant to Tenn.Code Ann. § 35-5-101 (a), S & K was required to advertise the foreclosure sale in that paper, and not in a newspaper published in another county, such as Knox County.”
Glenver Ian Smith v. Stephen L. Hughes (2021)
“” Tenn. Code Ann. § 35-5-101 (e). Notably, however, the statute only provides that the trustee shall “send” the notice, and “[t]here is no statutory requirement that the notice be received by the debtor.”
— Tenn. Code Ann. § 35-5-101(a)(1) — 1 case
— Tenn. Code Ann. § 35-5-101(a)(3) — 1 case
— Tenn. Code Ann. § 35-5-101(d) — 1 case
— Tenn. Code Ann. § 35-5-101(d)(1) — 2 cases
— Tenn. Code Ann. § 35-5-101(d)(1)(K) — 1 case
Huan Ouyang v. Xiaohui Chen (2005)
— Tenn. Code Ann. § 35-5-101(e) — 6 cases
Coleman v. Indymac Venture LLC (2013)
“” Tenn.Code Ann. § 35-5-101(e). Because Coleman is not a debtor or a co-debtor, Indymac Venture is not required, under Tennessee law, to send him a notice of the' foreclosure sale.”
Glenver Ian Smith v. Stephen L. Hughes (2021)
“” Tenn. Code Ann. § 35-5-101 (e). Notably, however, the statute only provides that the trustee shall “send” the notice, and “[t]here is no statutory requirement that the notice be received by the debtor.”
Connor v. Russell (2022)
— Tenn. Code Ann. § 35-5-101(f) — 1 case
— Tenn. Code Ann. § 35-5-101(f)(1) — 1 case
— Tenn. Code Ann. § 35-5-101(f)(3) — 1 case
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