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
- (a) The advertisement or notice shall:
- (1) Give the names of the plaintiff and defendant, or parties interested;
- (2) Give a concise description of the land; such description shall include a legal description, which means a reference to the deed book and page that contains the complete legal description of the property, and common description, which means, if available, the street address and map and parcel number of the property. In the event no street address exists, a subdivision, lot or tract number may be used. A metes and bounds description may be, but is not required to be, included in the description of the land;
- (3) Mention the time and place of sale;
- (4)
- (A) Identify each and every lien or claimed lien of the United States with respect to which 26 U.S.C. § 7425(b) requires notice to be given to the United States in order for the sale of the land thus advertised not to be subject to the lien or claim of lien of the United States;
- (B) For every lien or claim of lien of the United States so identified, affirmatively state that the notice required by 26 U.S.C. § 7425(b) to be given to the United States has been timely given;
- (C) For every lien or claim of lien of the United States so identified, state that the sale of the land thus advertised will be subject to the right of the United States to redeem the land as provided for in 26 U.S.C. § 7425(d)(1);
- (5)
- (A) Identify each and every lien or claimed lien of the state with respect to which § 67-1-1433(b)(1) requires notice to be given to the state in order for the sale of the land thus advertised not to be subject to the lien or claim of lien of the state;
- (B) For every lien or claim of lien of the state so identified, affirmatively state that the notice required by § 67-1-1433(b)(1) to be given to the state has been timely given; and
- (C) For every lien or claim of lien of the state so identified, state that the sale of the land thus advertised will be subject to the right of the state to redeem the land as provided for in § 67-1-1433(c)(1); and
- (6) For each concise description of land, provide the corresponding names of the parties interested.
- (b) The deed memorializing the sale shall, in addition to any other requirements as may now or hereafter exist under the laws of the state with respect to the proper form of deeds, in order that they might qualify for recording in the various offices of registers of counties in this state, whenever subsection (a) has required notice to be given to the United States and/or to this state, state that the land described therein is conveyed subject to the rights of the United States to redeem the land as provided for in 26 U.S.C. § 7425(d)(1) and/or is subject to the right of this state to redeem the land as provided for in § 67-1-1433(c)(1), as appropriate, shall have attached to it, as exhibits, a copy of the notice thus provided to the United States, a copy of the written response of the United States to the notice thus provided, if any, a copy of the notice thus provided to the state, and a copy of the written response of the state to the notice thus provided, if any, as appropriate.
- (c) Nothing in this section shall be construed to require inclusion of a street address if it does not exist or is not in common use. Also, utilization of the street address, if any, which appears in the records of the assessor of property with respect to the property involved shall be conclusively presumed to be in compliance with this section.
- (d) 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, deed of trust, or lien, or notice or evidence thereof, was recorded more than ten (10) days prior to the first advertisement or notice in the register's office of the county in which the real property is located. "Parties interested" also includes a person or entity named as nominee or agent of the owner of the obligation that is secured by the deed of trust and that is identifiable from information provided in the deed of trust, which shall include a mailing address or post office box of the nominee or agent.
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). “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). “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). “]” 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…”
Connor v. Russell (Bankr. M.D. Tenn. 2022). “” 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). “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). “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). “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). “-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). “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). “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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