Tennessee Code Annotated
Tenn. Code Ann. § 66-25-102 (2026)
Penalty for failure to release
✓ current as of May 2026
- (a) If the holder of any debt secured by real property situated in this state fails to enter a proper release of record after having been fully paid or satisfied within forty-five (45) days from the receipt of a written request from the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment, the holder of the debt shall forfeit to the party making such request the sum of one hundred dollars ($100).
- (b) If the indebtedness is not released within the forty-five-day period provided in subsection (a), the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000).
- (c) In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action.
Acts 1907, ch. 473, § 1; Shan., § 3704a1; mod. Code 1932, § 8070; Acts 1977, ch. 260, § 1; T.C.A. (orig. ed.), § 64-2502; Acts 1994, ch. 718, §§ 1, 2.
Notes of Decisions
Cited in 6
cases (2 in the last 5 years), 1986–2022 · leading case: Cox v. Union Cnty. Bank (In Re Cox), 57 B.R. 290 (Bankr. E.D. Tenn. 1986).
Cox v. Union Cnty. Bank (In Re Cox), 57 B.R. 290 (Bankr. E.D. Tenn. 1986). “Tenn.Code Ann. § 66-25-102 (1982). I Margie Cox, the debtor, filed her chapter 13 petition on November 13, 1984.”
Blackthorn House, LLC v. First Volunteer Bank (Tenn. Crim. App. 2022). “Tenn. Code Ann. § 66-25-102 ; See, e.g., Hinson v.”
Vinings Bank v. Homeland Cmty. Bank (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 66-25-102 (b) (2015). If the court determined that Vinings Bank had priority over the Homeland Deed of Trust, Homeland alleged that the Cantrell brothers were liable under theories of intentional misrepresentation and breach of contract.”
Flatiron Acquisition Veh., LLC v. CSE Mortg. LLC (S.D.N.Y. 2020). “Tenn. Code Ann. § 66-25-102 (a). In this case, CapSource Finance had a “‘first priority lien on and security interest’ in NRP’s Tellico Village lots as .”
Steve Dickerson v. Regions Bank (Tenn. Ct. App. 2014). “Street also sent a letter to Regions Bank demanding release of the deed of trust, citing Tenn. Code Ann. § 66-25-102 , which governs liability for one’s failure to release a deed of trust that has been satisfied.”
James Keith Eudaley v. U.S. Bank Nat'l Ass'n (Tenn. Ct. App. 2022). “§ 66-25-102. Because U.S. Bank can only make loans secured by real property in Tennessee if it pays fees to record a deed of release upon repayment of each of such loans, those fees are a “cost incurred by the bank in providing [its lending] service.”
— Tenn. Code Ann. § 66-25-102(a) — 2 cases
Vinings Bank v. Homeland Cmty. Bank (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 66-25-102 (b) (2015). If the court determined that Vinings Bank had priority over the Homeland Deed of Trust, Homeland alleged that the Cantrell brothers were liable under theories of intentional misrepresentation and breach of contract.”
James Keith Eudaley v. U.S. Bank Nat'l Ass'n (Tenn. Ct. App. 2022). “§ 66-25-102. Because U.S. Bank can only make loans secured by real property in Tennessee if it pays fees to record a deed of release upon repayment of each of such loans, those fees are a “cost incurred by the bank in providing [its lending] service.”
— Tenn. Code Ann. § 66-25-102(b) — 2 cases
Steve Dickerson v. Regions Bank (Tenn. Ct. App. 2014). “Street also sent a letter to Regions Bank demanding release of the deed of trust, citing Tenn. Code Ann. § 66-25-102 , which governs liability for one’s failure to release a deed of trust that has been satisfied.”
Vinings Bank v. Homeland Cmty. Bank (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 66-25-102 (b) (2015). If the court determined that Vinings Bank had priority over the Homeland Deed of Trust, Homeland alleged that the Cantrell brothers were liable under theories of intentional misrepresentation and breach of contract.”
— Tenn. Code Ann. § 66-25-102(c) — 1 case
Vinings Bank v. Homeland Cmty. Bank (Tenn. Ct. App. 2019). “See Tenn. Code Ann. § 66-25-102 (b) (2015). If the court determined that Vinings Bank had priority over the Homeland Deed of Trust, Homeland alleged that the Cantrell brothers were liable under theories of intentional misrepresentation and breach of contract.”
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