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Tennessee Judicial Foreclosure Available: Yes, but rarely
used Non-judicial Foreclosure Available: Yes In Tennessee, foreclosures are usually done under
a deed of trust accompanied by a note. Regular mortgages requiring judicial
foreclosures are seldom used. Non-judicial Foreclosure Non-judicial foreclosure is usually done under a
deed of trust which has a power of sale provision. If the deed of trust lacks
such a provision, then the borrower must file a lawsuit (bill in chancery)
and undertake judicial foreclosure. Preliminary Notices Contents The foreclosure notice should give the names of
the borrower and lender, describe the property, give any street address and
state the time and place of sale. Advertising The notice of foreclosure sale must be first
published at least 20 days before the sale. The ad must be published three
different times in a newspaper in the county where the land is located. Sale Procedures Time The time of sale shall be between the hours of 10
AM. and 4 P.M. on the day specified in the foreclosure notice. Place The sale is made at the place specified in the
foreclosure notice, which is normally the courthouse door. Manner The sale is for cash to the highest bidder. Deficiency A lender may seek a deficiency judgment against
persons who assume debt. Redemption The redemption time period is two years. The right
of redemption can be waived in the original deed of trust. |
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