Tennessee Code Annotated

Tenn. Code Ann. § 66-22-101 (2026)

Authentication

✓ current as of May 2026

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(a) Unless otherwise provided by law, to authenticate an instrument or document for registration or recording in the office of the county register, the maker or the natural person acting on behalf of the maker shall execute the instrument or document by that person's original signature, and the signature shall be either acknowledged according to law or proved by at least two (2) subscribing witnesses. The county register may refuse to record any instrument or document not authenticated in accordance with this section.

(b) For purposes of this section, "person's original signature" includes an electronic signature as defined in § 8-16-302.

(c) For purposes of this title and subject to subsection (d), a person may personally appear before the officer taking the acknowledgment by:
- (1) Appearing physically before the officer; or
- (2) Appearing by means of an interactive two-way audio and video communication that meets the online notarization requirements under rules promulgated by the secretary of state pursuant to the Online Notary Public Act, compiled in title 8, chapter 16, part 3, to provide for the orderly administration of this chapter.

(d) The acknowledging officer must designate in the acknowledgment form whether the principal personally appeared before the officer by means of an interactive two-way audio and video communication pursuant to subdivision (c)(2). If the person appears by means of an interactive two-way audio and video communication, the appearance and the certificate shall be deemed compliant with this chapter if the acknowledging officer amends the acknowledgment forms set forth in §§ 66-22-107, 66-22-108, and 66-22-114, to read "personally appeared before me by audio-video communication" or "personally appeared by audio-video communication" or "before me appear by audio-video communication" rather than "personally appeared before me" or "personally appeared" or "before me appear".

Amended by 2018 Tenn. Acts, ch. 931, s 1, eff. 7/1/2019.

Code 1858, § 2038 (deriv. Acts 1805, ch. 16, § 2; 1807, ch. 85, §3; 1831, ch. 90, §1; 1839-1840, ch. 26, § 1); Shan., § 3712; Code 1932, § 7630; T.C.A. (orig. ed.), § 64-2201; Acts 1986, ch. 717, § 1; 2004, ch. 576, § 1.

Notes of Decisions

Cited in 15 cases (1 in the last 5 years), 1982–2022 · leading case: In Re Crim, 81 S.W.3d 764 (Tenn. 2002).

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In Re Crim, 81 S.W.3d 764 (Tenn. 2002). · cites it 8× “To be eligible for registration, a deed of trust must satisfy one of two alternative methods for authentication under Tenn.Code Ann. § 66-22-101, which provides: To authenticate an instrument for registration, its execution shall be acknowledged by the maker, if the maker is the…”

Limor v. Fleet Mortg. Grp., 12 S.W.3d 449 (Tenn. 2000). · cites it 4× “5 An acknowledgment taken before a notary public must be made under the notary’s “seal of office.”

In Re Bushee, 319 B.R. 542 (Bankr. E.D. Tenn. 2004). · cites it 4× “See Tenn. Code Ann. § 66-22-101 (2004); Tenn.”

D.T. McCall & Sons v. Seagraves, 796 S.W.2d 457 (Tenn. Ct. App. 1990). · cites it 2× “An acknowledgement of the type required by Tenn.Code Ann. §§ 66-22-101 through -114 is for the purpose of authenticating an instrument for registration.”

REM Enter., Ltd. v. Frye, 937 S.W.2d 920 (Tenn. Ct. App. 1996). · cites it 2× “” While this statute gives the partners the authority to make such a transaction, it does not address the process necessary to effect a valid conveyance.”

Eva M. Lemeh, Tr. v. Emc Mortg. Corp., 81 S.W.3d 764 (Tenn. 2002). · cites it 8× “To be eligible for registration, a deed of trust must satisfy one of two alternative methods for authentication under Tenn.Code Ann. § 66-22-101, which provides: To authenticate an instrument for registration, its execution shall be acknowledged by the maker, if the maker is the…”

Brown v. Traders Nat'l Bank (In Re Spears), 39 B.R. 91 (Bankr. E.D. Tenn. 1984). · cites it 2× “Bob Graham was a notary public and according to his unchallenged testimony was the only person who saw all the parties sign the deed of trust. They did not all sign at one sitting.”

Don Huckaby Plumbing Co. v. Cardinal Indus. Mortg. Co., 848 S.W.2d 57 (Tenn. 1993). · cites it 4× “The lien was verified, or sworn to, by Huckaby Plumbing, but not acknowledged as required by T.C.A. § 66-22-101. 2 A copy of the recorded notice of lien was sent to Cardinal Retirement Village, Cardinal Industries, Cardinal Industries Mortgage, and Joe Pitt, Trustee.”

West v. United Am. Bank (In Re West), 23 B.R. 48 (Bankr. E.D. Tenn. 1982). · cites it 2× “T.C.A. § 66-22-101 provides that “To authenticate an instrument for registration, its execution shall be acknowledged by the maker .”

Patterson v. Cook, 655 S.W.2d 955 (Tenn. Ct. App. 1983). · cites it 2× “” Tenn.Code Ann. § 66-22-101 (1982); Haynes v.”

In Re Hutchens, 69 B.R. 402 (Bankr. E.D. Tenn. 1987). · cites it 2× “Tenn.Code Ann. § 66-22-101 (Supp.1986) provides: To authenticate an instrument for registration, its execution shall be acknowledged by the maker, if the maker is the natural person executing the instrument, or if the maker is another natural person or is a corporation,…”

Mostoller v. Equity One, Inc. (In Re Hickman), 367 B.R. 620 (Bankr. E.D. Tenn. 2007). · cites it 5× “A register of deeds may, however, refuse to record a deed of trust or other eligible document that is not authenticated by either two subscribing witnesses or by the county clerk, deputy county clerk, clerk and master of any state chancery court, or a notary public, proof of…”

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