Tennessee Code Annotated

Tenn. Code Ann. § 39-11-702 (2026)

Part definitions

✓ current as of May 2026

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As used in this part, unless the context otherwise requires:

(1) "Attorney general" means the district attorney general, and the district attorney general's assistants;

(2) "Interest holder" means a secured party within the meaning of § 47-9-102(a), a mortgagee, lien creditor, one granted a possessory lien under law, or the beneficiary of a security interest or encumbrance pertaining to an interest in property, whose interest would be perfected against a good faith purchaser for value. A person who holds property for the benefit of or as an agent or nominee for another person, or who is not in substantial compliance with any statute requiring an interest in property to be recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value, is not an interest holder;

(3) "Owner" means a person, other than an interest holder, who has an interest in property. A person who holds property for the benefit of or as an agent or nominee for another person, or who is not in substantial compliance with any statute requiring an interest in property to be recorded or reflected in public records in order to perfect the interest against a good faith purchaser for value, is not an owner; and

(4) "Property" means anything of value, and includes any interest in property, including any benefit, privilege, claim or right with respect to anything of value, whether real or personal, tangible or intangible.

Acts 1998, ch. 979, § 2; 2000, ch. 846, § 25.

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 2001–2024 · leading case: In Re Tennessee Walking Horse Forfeiture Litig. (2017).

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In Re Tennessee Walking Horse Forfeiture Litig. (2017). · cites it 5× “” Tenn. Code Ann. § 39-11-702 (3). In contrast, an interest holder is defined as “a secured party within the meaning of § 47-9- 102(a), a mortgagee, lien creditor, one granted a possessory lien under law, or the beneficiary of a security interest or encumbrance pertaining to an…”

State of Tennessee v. A Tract of Land Known as 141 Belle Forest Circle (Tenn. Crim. App. 2001). · cites it 4× “In particular, the court concluded that the appellant is not an “interest holder” within the meaning of Tenn. Code Ann. § 39-11-702 (2). The appellant now appeals the trial court’s order.”

In Re Tennessee Walking Horse Forfeiture Litig. (Tenn. Ct. App. 2015). · cites it 2× “” Tenn. Code Ann. § 39-11-702 (2). Thus, only owners or interest holders have standing to contest forfeiture proceedings.”

Angela Y. Smith v. State of Indiana (Ind. 2024). “§ 60 - 4102(j) (same); Tenn. Code Ann. § 39-11-702 (3) (same); Md.”

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