Tennessee Code Annotated

Tenn. Code Ann. § 35-5-104 (2026)

Contents of advertisement or notice - Contents of deed memorializing sale

✓ current as of May 2026
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Amended by 2015 Tenn. Acts, ch. 213, Secs.s 1, s 2eff. 7/1/2015.

Code 1858, § 2149 (deriv. Acts 1855-1856, ch. 83, § 1); Shan., §3842; Code 1932, § 7797; Acts 1982, ch. 801, § 1; T.C.A. (orig. ed.), § 35-504; Acts 1992, ch. 621, § 1; 1994, ch. 618, § 1; 1999, ch. 66, §1; 2011 , ch. 505, § 1.


Notes of Decisions
Cited in 12 cases (3 in the last 5 years), 2000–2025 · leading case: Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002).
Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002). · cites it 10× “It contends that it is among the “parties interested” and that the notice of trustee’s sale was further deficient in that it failed to comply with the requirements of T.C.A. § 35-5-104 (2001), specifically subsection (a)(1) requiring that “[t]he advertisement or notice shall .”
In Re Williams, 247 B.R. 449 (Bankr. E.D. Tenn. 2000). · cites it 8× “The validity of the Successor Trustee Deed is not subject to the requirements of Tenn. Code Ann. § 35-5-104 (b). The Debtor argues that the Successor Trustee Deed did not comply with Tenn.”
Glenver Ian Smith v. Stephen L. Hughes (Tenn. Ct. App. 2021). · cites it 35× “]” Tenn. Code Ann. § 35-5-104 (a)(1). It states: For the purposes of this section, “parties interested” includes, without limitation, the record holders of any mortgage, deed of trust, or other lien that will be extinguished or adversely affected by the sale and which mortgage,…”
Everbank v. Tommy J. Henson (Tenn. Ct. App. 2015). · cites it 18× “fied in the second-priority deed of trust as the beneficiary of record and “nominee for Lender and Lender’s successors and assigns,” filed this action to set aside a foreclosure sale and to recover damages from the trustee acting pursuant to the first-priority deed of trust for…”
Connor v. Russell (Bankr. M.D. Tenn. 2022). · cites it 5× “” Tenn. Code Ann. § 35-5-104 (a)(1). The Connors argue that the publication notice was deficient because, as they argue, Conner is a different name than Connor.”
Maureen Davis v. Wells Fargo Home Mortg. (Tenn. Ct. App. 2018). · cites it 4× “Tennessee Code Annotated section 35-5-101(e) provides that a trustee shall send notice of a foreclosure - 15 - sale to the debtor on or before the first date of publication of the advertisement of the foreclosure sale required by Tenn. Code Ann. § 35-5-104 . There is no…”
Fed. Nat'l Mortg. Ass'n v. Arnold Emmitt Quarles, III (Tenn. Ct. App. 2016). · cites it 2× “Quarles‟ argument that Fannie Mae should be shown as an interested party under TCA § 35-5-104 is misplaced as is his assertion that TCA § 35-5-117(f)(1) applies.”
Fed. Nat'l Mortg. Ass'n v. Brett Stokes (Tenn. Ct. App. 2012). · cites it 2× “The Wickers defaulted and the bank foreclosed on the debt and the property was sold, following advertisement of the sale as required by the Deed of Trust and Tenn. Code Ann. § 35-5-104 . Wells Fargo Bank N.”
Self Help Ventures Fund v. Glenna Robilio (Tenn. Ct. App. 2010). · cites it 2× “-9- (1) Give the names of the plaintiff and defendant, or parties interested; (2) Describe the land in brief terms, including the street address if available; (3) Mention the time and place of sale; Tenn. Code Ann. § 35-5-104 (2001). In this case, SHVF has demonstrated that both…”
John Skipper & Brenda Skipper v. Wells Fargo Bank, N.A. (Tenn. Ct. App. 2010). · cites it 2× “The Skippers filed a complaint against Wells Fargo on August 13, 2007, alleging, among other things, that Wells Fargo breached its warranty of good title and that it failed to comply with the provisions of Tennessee Code Annotated section 35-5-104. On December 19, 2007, the…”
Beverly Bledsoe v. Marion Bledsoe (Tenn. Ct. App. 2000). · cites it 3× “2 The Mother’s petition erroneously cited section 35-5-104, but the trial court’s judgment cited the correct code section.”
Brady Daniels v. Vince Trotter (Tenn. Ct. App. 2025). “Section 35-5-101(e) explains how such sales should be advertised, requiring that [i]n 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…”
— Tenn. Code Ann. § 35-5-104(a)(1) — 1 case
Glenver Ian Smith v. Stephen L. Hughes (Tenn. Ct. App. 2021). “]” Tenn. Code Ann. § 35-5-104 (a)(1). It states: For the purposes of this section, “parties interested” includes, without limitation, the record holders of any mortgage, deed of trust, or other lien that will be extinguished or adversely affected by the sale and which mortgage,…”
— Tenn. Code Ann. § 35-5-104(a)(4) — 1 case
In Re Williams, 247 B.R. 449 (Bankr. E.D. Tenn. 2000). “The validity of the Successor Trustee Deed is not subject to the requirements of Tenn. Code Ann. § 35-5-104 (b). The Debtor argues that the Successor Trustee Deed did not comply with Tenn.”
— Tenn. Code Ann. § 35-5-104(a)(l) — 1 case
Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002). “It contends that it is among the “parties interested” and that the notice of trustee’s sale was further deficient in that it failed to comply with the requirements of T.C.A. § 35-5-104 (2001), specifically subsection (a)(1) requiring that “[t]he advertisement or notice shall .”
— Tenn. Code Ann. § 35-5-104(b) — 1 case
In Re Williams, 247 B.R. 449 (Bankr. E.D. Tenn. 2000). “The validity of the Successor Trustee Deed is not subject to the requirements of Tenn. Code Ann. § 35-5-104 (b). The Debtor argues that the Successor Trustee Deed did not comply with Tenn.”
— Tenn. Code Ann. § 35-5-104(d) — 3 cases
Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002). “It contends that it is among the “parties interested” and that the notice of trustee’s sale was further deficient in that it failed to comply with the requirements of T.C.A. § 35-5-104 (2001), specifically subsection (a)(1) requiring that “[t]he advertisement or notice shall .”
Glenver Ian Smith v. Stephen L. Hughes (Tenn. Ct. App. 2021). “]” Tenn. Code Ann. § 35-5-104 (a)(1). It states: For the purposes of this section, “parties interested” includes, without limitation, the record holders of any mortgage, deed of trust, or other lien that will be extinguished or adversely affected by the sale and which mortgage,…”
Everbank v. Tommy J. Henson (Tenn. Ct. App. 2015). “fied in the second-priority deed of trust as the beneficiary of record and “nominee for Lender and Lender’s successors and assigns,” filed this action to set aside a foreclosure sale and to recover damages from the trustee acting pursuant to the first-priority deed of trust for…”
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