Tennessee Code Annotated
Tenn. Code Ann. § 35-5-107 (2026)
Effect of noncompliance with chapter
✓ current as of May 2026
Any officer, or other person, referenced in § 35-5-106 who fails to comply with this chapter commits a Class C misdemeanor and is, moreover, liable to the party injured by the noncompliance, for all damages resulting from the failure.
Code 1858, § 2153 (deriv. Acts 1855-1856, ch. 83, § 5); Shan., §3846; Code 1932, § 7801; T.C.A. (orig. ed.), § 35-508; Acts 1989, ch. 591, § 113.
Notes of Decisions
Cited in 7
cases (3 in the last 5 years), 2010–2025 · leading case: Glenver Ian Smith v. Stephen L. Hughes (Tenn. Ct. App. 2021).
Glenver Ian Smith v. Stephen L. Hughes (Tenn. Ct. App. 2021). “” Tenn. Code Ann. § 35-5-107 . Thus, a violation of the statutory notice provisions may give rise to a viable claim for damages.”
Everbank v. Tommy J. Henson (Tenn. Ct. App. 2015). “We have determined that MERS’ interest was of record and that the trustee had an affirmative duty to identify MERS as an interested party in the notice of the foreclosure sale pursuant to Tenn. Code Ann. § 35-5-101 et seq., yet the trustee failed to do so.”
Brady L. Daniels v. Vince Trotter (Tenn. Ct. App. 2022). “” Furthermore, Tenn. Code Ann. § 35-5-107 provides that the officer or other individual making the sale who fails to comply with the requirements in this chapter of conducting a private foreclosure sale is guilty of a class C misdemeanor and is liable for all damages incurred by…”
Earl Thacker v. Shapiro & Kirsch, LLP., Paul Abraham & the Knoxville News Sentinel, 354 S.W.3d 733 (Tenn. Ct. App. 2011). “Plain *735 tiffs aver they are entitled to damages based on Tenn.Code Ann. § 35-5-107. 2 After the suit was filed, the Knoxville News Sentinel, through its Vice President, Business Manager, Paul Abramson, moved for Leave to Intervene pursuant to Tenn.”
John Skipper & Brenda Skipper v. Wells Fargo Bank, N.A. (Tenn. Ct. App. 2010). “” Tenn. Code Ann. § 35-5-107 . We affirm the trial court’s award of $21,221.”
L.J. Jackson v. CitiMortgage, Inc. (Tenn. Ct. App. 2017). “The trial court also granted Citi’s motion regarding a claim under Tennessee Code Annotated section 35-5-107, concerning the validity of the foreclosure sale and Citi’s title and right of possession to the Property.”
Brady Daniels v. Vince Trotter (Tenn. Ct. App. 2025). “” Tenn. Code Ann. § 35-5-107 . In this case, Plaintiffs contend that § 35-5-106 amounts to a government taking because the mortgagee is the City of Chattanooga, which is undisputedly a government entity.”
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