Tennessee mortgage trustee sales
Many Tennessee home loans use a deed of trust. When it includes a power of sale, the trustee can sell the house at public auction without a court case. A court-ordered sale follows different rules.
Under the usual notice rules in effect since July 1, 2025, the trustee-sale notice must:
- Run at least twice in a newspaper published in the county, with the first newspaper notice at least 20 days before the sale. It must also be posted online by a third-party internet posting company for at least 20 days in a row.
- Be mailed to you by registered or certified mail by the date of the first newspaper notice.
- Unless the loan papers forbid it, the trustee may postpone the sale one or more times without a new newspaper notice, but the sale must still happen within one year of the original date. Each new date must be announced at the scheduled sale and posted online, unless the delay is less than five days. If the sale is pushed back more than 30 days, the new date, time, and place must be mailed to you at least 10 days before the sale.
These notice rules are in Tenn. Code Ann. §35-5-101, as amended by 2025 Public Chapter 515. The Tennessee law updating trustee-sale notice rules and the Tennessee Secretary of State list of third-party internet posting companies can help you understand where notices may be published. Check your own notice and confirm the current date with the trustee named there.
For a sale under a deed of trust or mortgage without a court judgment, Tennessee law gives a two-year right to redeem unless the deed of trust or mortgage expressly waives it (Tenn. Code Ann. §66-8-101). A court-ordered sale follows different rules. That possible post-sale right is not extra time to close a sale before the scheduled date.
