Tennessee Code Annotated
Tenn. Code Ann. § 47-28-102 (2026)
Securing of future advances authorized
✓ current as of May 2026
A mortgage may provide that it secures not only existing indebtednesses or advances made contemporaneously with the execution thereof, but also future advances, whether obligatory, or optional, or both, and whether made under open-end credit agreements or otherwise, to the same extent as if such future advances were made contemporaneously with the execution of the mortgage, even though no advance is made at the time of the execution of the mortgage and even though no indebtedness is outstanding at the time any advance is made.
Acts 1987, ch. 137, § 2.
Notes of Decisions
Cited in 3
cases, 2002–2019 · 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). “T.C.A. § 47-28-102 provides, in pertinent part, as follows: A mortgage may provide that it secures not only existing indebtednesses or advances made contemporaneously with the execution thereof, but also future advances, whether obligatory, or optional, or both, and whether made…”
Jon Higdon v. Regions Bank (Tenn. Ct. App. 2010). “Tenn. Code Ann. § 47-28-102 provides that a mortgage may stipulate that it secures not only existing indebtednesses or advances made contemporaneously with the execution thereof, but also future advances, whether obligatory, or optional, or both, and whether made under open-end…”
David Mark Poole & Mary Louise Poole (Bankr. E.D. Tenn. 2019). “§ 47-28-102. Tennessee law recognizes the general validity of so-called “dragnet clauses” in trust deeds.”
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