Tennessee foreclosure

The Tennessee foreclosure process can be either judicial or non-judicial. If the lender has inserted a power of sale clause in the deed of trust or mortgage then the non-judicial foreclosure process can be used. If not, the lender will have to use the judicial foreclosure process by filing a lawsuit at the courthouse of the county where the property is located.

When the lawsuit comes before the judge, he/she will determine how much the borrower will need to pay and how much time will be allowed to make the loan current and stop the lawsuit.

Once this time has passed and the loan hasn't been paid, the judge will allow for the home to be sold at auction.

When there is a power of sale clause in the mortgage, the non-judicial foreclosure process will be used. If the power of sale clause specifies the time, place and terms of the sale, then those terms are followed.

If not, then the non-judicial foreclosure process will be carried out as follows:

1. At least 20 days before the sale is to occur, a notice of the sale must be published in a newspaper of the county where the property is located.


2. This notice must be published 2 additional times before the sale can occur.


3. If the borrower lives in the property, the borrower will have to be served with a copy of this notice 20 days before the sale.


4. The sale will be held between the hours of 10:00AM and 4:00PM on the date specified.