Tennessee Code Annotated
Tenn. Code Ann. § 35-5-116 (2026)
Trustee as necessary party
✓ current as of May 2026
- (a) Any trustee named in a suit or proceeding, as related to a sale of real property under a trust deed or mortgage, may plead in the answer that the trustee is not a necessary party by a verified denial, stating the basis for the trustee's reasonable belief that the trustee was named as a party solely in the capacity as a trustee under a deed of trust, contract lien, or security instrument.
- (b) Within thirty (30) days after the filing of the trustee's verified denial, a verified response is due from all parties to the suit or proceeding setting forth all matters, whether in law or fact, that rebut the trustee's verified denial.
- (c) If a party has no objection or fails to file a timely verified response to the trustee's verified denial, the trustee shall be dismissed from the suit or proceeding without prejudice.
- (d) If a respondent files a timely verified response to the trustee's verified denial, the matter shall be set for hearing. The court shall dismiss the trustee from the suit or proceeding without prejudice, if the court determines that the trustee is not a necessary party.
- (e) A dismissal of the trustee pursuant to subsections (c) and (d) shall not prejudice a party's right to seek injunctive relief to prevent the trustee from proceeding with a foreclosure sale.
- (f) A trustee shall not be liable for any good faith error resulting from reliance on any information in law or fact provided by the borrower or secured party or their respective attorney, agent, or representative or other third party.
Acts 2006, ch. 811, § 1.
Notes of Decisions
Cited in 4
cases (2 in the last 5 years), 2013–2026 · leading case: Robertson (M.D. Tenn. 2026).
Robertson (M.D. Tenn. 2026). “Plaintiff, naturally, takes issue with each of these arguments, arguing that the FDCPA preempts Tenn. Code Ann. § 35-5-116 (f) (so that Tenn.”
Muhammad v. Deutsche Bank Nat'l Trust Co., as Tr. for FFMLT 2007-FFB-SS, Mortg. Pass-Through Certificates, Series 2007-FFB-SS (W.D. Tenn. 2020). “See generally T.C.A. § 35-5-116. The first step of this process permits the trustee to assert by verified denial that it is not a necessary party.”
James G. Akers v. Dyck-O'Neal, Inc. (Tenn. Ct. App. 2021). “On November 6, 2020, CR filed a motion to dismiss pursuant to Tennessee Code Annotated section 35-5-116 and Tennessee Rule of Civil Procedure 12.”
Beal Bank, SSB v. David & Connie Prince (Tenn. Ct. App. 2013). “The Wilson defendants, however, correctly state that they had no such duty, relying on Tennessee Code Annotated § 35-5-116. The statute provides that “[a] trustee shall not be liable for any good faith error resulting from reliance on any information in law or fact provided by…”
Tenn. Code Ann. § 35-5-116(a): 1 case
Muhammad v. Deutsche Bank Nat'l Trust Co., as Tr. for FFMLT 2007-FFB-SS, Mortg. Pass-Through Certificates, Series 2007-FFB-SS (W.D. Tenn. 2020). “See generally T.C.A. § 35-5-116. The first step of this process permits the trustee to assert by verified denial that it is not a necessary party.”
Tenn. Code Ann. § 35-5-116(b): 2 cases
James G. Akers v. Dyck-O'Neal, Inc. (Tenn. Ct. App. 2021). “On November 6, 2020, CR filed a motion to dismiss pursuant to Tennessee Code Annotated section 35-5-116 and Tennessee Rule of Civil Procedure 12.”
Muhammad v. Deutsche Bank Nat'l Trust Co., as Tr. for FFMLT 2007-FFB-SS, Mortg. Pass-Through Certificates, Series 2007-FFB-SS (W.D. Tenn. 2020). “See generally T.C.A. § 35-5-116. The first step of this process permits the trustee to assert by verified denial that it is not a necessary party.”
Tenn. Code Ann. § 35-5-116(c): 1 case
Muhammad v. Deutsche Bank Nat'l Trust Co., as Tr. for FFMLT 2007-FFB-SS, Mortg. Pass-Through Certificates, Series 2007-FFB-SS (W.D. Tenn. 2020). “See generally T.C.A. § 35-5-116. The first step of this process permits the trustee to assert by verified denial that it is not a necessary party.”
Tenn. Code Ann. § 35-5-116(e): 1 case
Muhammad v. Deutsche Bank Nat'l Trust Co., as Tr. for FFMLT 2007-FFB-SS, Mortg. Pass-Through Certificates, Series 2007-FFB-SS (W.D. Tenn. 2020). “See generally T.C.A. § 35-5-116. The first step of this process permits the trustee to assert by verified denial that it is not a necessary party.”
Tenn. Code Ann. § 35-5-116(f): 1 case
Robertson (M.D. Tenn. 2026). “Plaintiff, naturally, takes issue with each of these arguments, arguing that the FDCPA preempts Tenn. Code Ann. § 35-5-116 (f) (so that Tenn.”
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