Tennessee Code Annotated
Tenn. Code Ann. § 66-26-101 (2026)
Effect of instruments with or without registration
✓ current as of May 2026
All of the instruments mentioned in § 66-24-101 shall have effect between the parties to the same, and their heirs and representatives, without registration; but as to other persons, not having actual notice of them, only from the noting thereof for registration on the books of the register, unless otherwise expressly provided.
Code 1858, § 2072 (deriv. Acts 1831, ch. 90, §§ 6, 12; 1841-1842, ch. 12, § 2); Shan., §3749; Code 1932, § 7665; T.C.A. (orig. ed.), § 64-2601.
Notes of Decisions
Cited in 43
cases (4 in the last 5 years), 1982–2024 · leading case: Holiday Hosp. Franchising, Inc. v. States Resources, Inc., 232 S.W.3d 41 (Tenn. Ct. App. 2006).
Holiday Hosp. Franchising, Inc. v. States Resources, Inc., 232 S.W.3d 41 (Tenn. Ct. App. 2006). “See Tenn.Code Ann. § 66-26-101 (2004 & Supp.2006).”
McAllester v. Aldridge (In Re Anderson), 30 B.R. 995 (M.D. Tenn. 1983). “See Tenn.Code Ann. § 66-26-101. The problem for the defendants in this case is that these deeds were not properly recorded under Tennessee’s registration laws and are therefore vulnerable to attack by creditors of the debtor and by the trustee in bankruptcy who stands in the…”
Walker v. Elam (In Re Fowler), 201 B.R. 771 (Bankr. E.D. Tenn. 1996). “Tenn.Code Ann. § 66-26-103 (1993); Tenn.Code Ann.”
Limor v. Fleet Mortg. Grp., 12 S.W.3d 449 (Tenn. 2000). “This is a legitimate assumption given the purpose of an acknowledgment, the role of a notary, and the purpose of the notary’s seal. Without a notary’s seal, however, the creditor or purchaser may be unsure as to the validity of the instrument.”
Mostoller v. Kelley (In Re Kelley), 304 B.R. 331 (E.D. Tenn. 2003). “Tenn. Code Ann. § 66-26-101 (1993). Finally, section 66-26-103, entitled Unregistered instruments void as to creditors and bona fide purchasers, provides that: Any of such instruments not so proved, or acknowledged and registered, or noted for registration, shall be null and…”
In Re Bushee, 319 B.R. 542 (Bankr. E.D. Tenn. 2004). “3d at 454 (quoting Tenn. Code Ann. § 66-26-101 ). Additional problems arise when a party to an improperly acknowledged deed of trust files for bankruptcy because of 11 U.”
Farmer v. LaSalle Bank (In Re Morgan), 291 B.R. 795 (Bankr. E.D. Tenn. 2003). “Tenn. Code Ann. § 66-26-101 (1993). Section 66-26-103, entitled "Unregistered instruments void as to creditors and bona fide purchasers,” provides as follows: Any of such instruments not so proved, or acknowledged and registered, or noted for registration, shall be null and void…”
Lancaster v. Hurst (In Re Hurst), 27 B.R. 740 (Bankr. E.D. Tenn. 1983). “Tenn.Code Ann. § 66-26-101 (1982) enacts: Effect of instruments with or without registration.”
Milledgeville United Methodist Church v. Jimmy G. Melton, 388 S.W.3d 280 (Tenn. Ct. App. 2012). “Tennessee Code Annotated Section 66-26-101 provides that deeds, such *289 as the one conveyed to the Church “shall have effect between the parties to the same, and their heirs and representatives, without registration.”
In re Don Williams Constr. Co., 143 B.R. 865 (Bankr. E.D. Tenn. 1992). “Tenn.Code Ann. §§ 66-26-101 & 66-26-103 (1982).”
Intersparex Leddin KG v. Al-Haddad, 852 S.W.2d 245 (Tenn. Ct. App. 1992). “The Intervenor, while she could have under Tennessee Rule of Civil Procedure 11, amended her complaint under Tennessee Rule of Civil Procedure 15 to allege such facts or submitted an affidavit showing the factual dispute on this issue, failed to do so but, instead, rested on the…”
Home Fed. Bank, FSB, of Middlesboro v. First Nat'l Bank of Lafollette, 110 S.W.3d 433 (Tenn. Ct. App. 2002). “While conceding that the first deed of trust was recorded first and thus has a general priority over the subsequently-recorded second deed of trust, see T.C.A. §§ 66-26-101, 66-26-102, 66-26-105, the holder/second deed of trust argues that this priority does not extend to a…”
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