Tennessee Code Annotated

Tenn. Code Ann. § 66-8-101 (2026)

Right of redemption - Waiver

✓ current as of May 2026

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Real estate sold for debt shall be redeemable at any time within two (2) years after such sale:

(1) Where it is sold under execution;

(2) Where it is sold under any decree, judgment, or order of a court of chancery, whether founded upon a foreclosure of a mortgage, or deed of trust, or otherwise, unless, upon application of the complainant, the court orders that the property be sold on a credit of not less than six (6) months, nor more than two (2) years; and that, upon confirmation thereof by the court, no right of redemption or repurchase shall exist in the debtor or the debtor's creditor, but that the title of the purchaser shall be absolute; and

(3) Where it is sold under a deed of trust or mortgage without a judicial sentence, unless the right of redemption is expressly waived by the deed or mortgage; and a waiver of the "equity of redemption," or a waiver using words of similar import, shall be sufficient to waive the right of redemption afforded by this section in all deeds of trust and mortgages, whether heretofore or hereafter existing.

Code 1858, § 2124 (deriv. Acts 1820, ch. 11, § 2; 1823, ch. 24, §2; 1832, ch. 36, §§1, 2; 1833, ch. 47, § 2; 1842 (E.S.), ch. 6, § 3; 1857-1858, ch. 46, § 1); Shan., § 3811; mod. Code 1932, § 7736; mod. C. Supp. 1950, § 7736; T.C.A. (orig. ed.), § 64-801; Acts 1984, ch. 774, § 1; 1991, ch. 470, § 4.

Notes of Decisions

Cited in 9 cases (2 in the last 5 years), 1987–2025 · leading case: Swift v. Kirby, 737 S.W.2d 271 (Tenn. 1987).

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Swift v. Kirby, 737 S.W.2d 271 (Tenn. 1987). · cites it 16× “The primary issue in this case is whether the statutory right to redeem real property sold at foreclosure, granted by T.C.A. § 66-8-101 et seq., is waived by use of the phrase “equity of redemption.”

Webb Mtn, LLC v. Exec. Realty P'ship (In Re Webb Mtn, LLC), 414 B.R. 308 (Bankr. E.D. Tenn. 2009). · cites it 13× “Tenn.Code Ann. § 66-8-101 (2004). In support of its argument, the Plaintiff relies upon Swift v.”

Dunlap v. Cash Am. Pawn (In Re Dunlap), 158 B.R. 724 (M.D. Tenn. 1993). · cites it 2× “, Tenn.Code Ann. § 66-8-101 (Supp.1992). Therefore, by the bankruptcy court’s own method of seeking to apply the logic of Glenn to the realm of personalty, the point of sale is an inappropriate cut-off point.”

State of Tennessee Ex Rel. Herbert H. Slatery, III, Attorney Gen. & Reporter v. HRC Med. Centers, Inc. (Tenn. Ct. App. 2022). · cites it 56× “M2021-00488-COA-R3-CV The State appeals the trial court’s holding that Tenn. Code Ann. § 66-8-101 (1) applied to the State’s attempt to have the Defendants’ real estate sold in order to collect on its judgment, such that the statutory right of redemption could not be barred.”

In Re Moore, 290 B.R. 851 (Bankr. N.D. Ala. 2003). “Today in Tennessee, “equity of redemption” usage now includes the statutory right of redemption set forth in Tenn.Code Ann. § 66-8-101, et seq.). During the case law decision development of the point at which all of one’s interests in mortgaged real property are ended and before…”

State of Tennessee v. Deliquent Taxpayers, as shown on the 2003 real Prop. Deliquent tax records for Shelby Cnty. Tr. Home Funds Direct, A California Corp./Delinquent Taxpayers v. William Garrett (Tenn. Ct. App. 2009). · cites it 10× “at *2; see Tenn. Code Ann. § 66-8-101 (2) (1993). Under those statutes, a debtor may redeem property sold for debt within two years after the sale if he pays “the -6- amount bid or paid by the purchaser, with interest thereon .”

State v. Jacqueline Heard & Irvin Salky (Tenn. Ct. App. 2000). · cites it 6× “The court in Burnett interpreted the redemption statutes found at section 66-8-101 et seq. of the Tennessee Code.”

Nichols v. Springfield Prod. Credit Ass'n, 737 S.W.2d 277 (Tenn. 1987). · cites it 6× “2d 271 , in this Court, because the primary issue in both cases was whether the debtors’ waiver of the “equity of redemption” in a deed of trust effectively waived the statutory right of redemption granted in T.C.A. § 66-8-101 et seq. In Swift v. Kirby, released simultaneously…”

HODGE v. Paragon Bank (W.D. Tenn. 2025). · cites it 2× “[w]here it is sold under a deed of trust or mortgage without a judicial sentence, unless [exceptions apply]”).”

— Tenn. Code Ann. § 66-8-101(1) — 1 case

State of Tennessee Ex Rel. Herbert H. Slatery, III, Attorney Gen. & Reporter v. HRC Med. Centers, Inc. (Tenn. Ct. App. 2022). “M2021-00488-COA-R3-CV The State appeals the trial court’s holding that Tenn. Code Ann. § 66-8-101 (1) applied to the State’s attempt to have the Defendants’ real estate sold in order to collect on its judgment, such that the statutory right of redemption could not be barred.”

— Tenn. Code Ann. § 66-8-101(2) — 1 case

— Tenn. Code Ann. § 66-8-101(3) — 4 cases

Swift v. Kirby, 737 S.W.2d 271 (Tenn. 1987). “The primary issue in this case is whether the statutory right to redeem real property sold at foreclosure, granted by T.C.A. § 66-8-101 et seq., is waived by use of the phrase “equity of redemption.”

Webb Mtn, LLC v. Exec. Realty P'ship (In Re Webb Mtn, LLC), 414 B.R. 308 (Bankr. E.D. Tenn. 2009). “Tenn.Code Ann. § 66-8-101 (2004). In support of its argument, the Plaintiff relies upon Swift v.”

Nichols v. Springfield Prod. Credit Ass'n, 737 S.W.2d 277 (Tenn. 1987). “2d 271 , in this Court, because the primary issue in both cases was whether the debtors’ waiver of the “equity of redemption” in a deed of trust effectively waived the statutory right of redemption granted in T.C.A. § 66-8-101 et seq. In Swift v. Kirby, released simultaneously…”

— Tenn. Code Ann. § 66-8-101(8) — 1 case

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