Two-year redemption after sale — unless your deed of trust waives it
Tenn. Code Ann. § 66-8-101
In plain words
Tennessee law lets real estate sold for debt be redeemed within two years after the sale. But the right can be waived in the deed of trust, and most deeds of trust do waive it. Check your document for the words “waive the equity of redemption.”
Who is protected
Tennessee owners whose property was sold for debt and whose instrument does not waive redemption.
When it applies
- Only in Tennessee.
- Only after the foreclosure sale.
What you can do
Check your deed of trust for a waiver
Upload or read your deed of trust to see whether redemption was waived.
Deadline: Within two years after the sale (if not waived)
Open the toolRead your state guide and find free help
Open the state page for the process, deadlines and legal-aid contacts in your state.
Open the tool
Honest limits
- Most Tennessee deeds of trust waive this right.
- This is general education, not legal advice. Laws change and details matter — check the current official text or talk to a legal aid lawyer or HUD-approved housing counselor.
The law
- State lawRedemption within two years
Tenn. Code Ann. § 66-8-101
What it says: Real estate sold for debt is redeemable within two years unless the right is waived.
Read the official texthttps://law.justia.com/codes/tennessee/title-66/chapter-8/section-66-8-101/
Court cases
- Homeowner lostSame topicMartins v. BAC Home Loans Servicing, L.P.
Martins v. BAC Home Loans Servicing, L.P., 722 F.3d 249 (5th Cir. 2013)
a mortgage servicer acting for a properly assigned mortgagee may foreclose in Texas without possessing the original note, and an oral promise to modify a large loan is not enforceable
- Homeowner lostSame topicMilton v. U.S. Bank National Ass'n
Milton v. U.S. Bank Nat'l Ass'n, 508 F. App'x 326 (5th Cir. 2013) (per curiam) (unpublished)
an agreement to delay a Texas foreclosure falls within the statute of frauds and must be in writing to be enforced
- Homeowner lostSame topicBFP v. Resolution Trust Corp.
BFP v. Resol. Tr. Corp., 511 U.S. 531 (1994)
the price received at a non-collusive foreclosure sale that complied with state law is reasonably equivalent value under the Bankruptcy Code
Related rights
Right to published and mailed notice before a trustee sale
Tenn. Code Ann. § 35-5-101
Before a Tennessee trustee sale, the sale notice must first be published in a newspaper at least 20 days before the sale. The trustee must also send you a copy by registered or certified mail on or before the first publication date.
Read this rightThe government cannot keep your home equity beyond the tax debt
U.S. Const. amend. VTakings Clause
If your home is taken or sold to pay property taxes, the government may collect what you owe, but it may not keep the extra value. Keeping the surplus is a "taking" of your property without just compensation, which the Fifth Amendment forbids (Tyler v. Hennepin County, 2023). You may be able to claim the surplus, but you usually must follow your state's claim process and deadlines.
Read this rightAfter a discharge, creditors cannot collect the wiped-out debt from you
11 U.S.C. § 524(a)(2)
A bankruptcy discharge wipes out your personal liability for most debts in the case. After that, the law forbids creditors from suing, calling or otherwise trying to collect a discharged debt from you personally. A court can hold a creditor in contempt if there was no fair doubt that its conduct was barred.
Read this rightRenters get at least 90 days' notice after a foreclosure
12 U.S.C. § 5220 note(Pub. L. 111-22, div. A, § 702(a)–(b))
If you rent a home that goes through foreclosure, the new owner must give you a notice to move at least 90 days before you have to leave. If you have a real (bona fide) lease signed before the foreclosure notice, you can usually stay until the lease ends. The exception is when the new owner will live in the home; even then you still get the 90 days' notice.
Read this rightRight to redeem after a tax sale (up to one year)
Tenn. Code Ann. § 67-5-2701(a)
After a Tennessee court confirms a tax sale, you can redeem by motion to the court. The period starts when the order confirming the sale is entered and is at most one year; it is shorter (180 days, 90 days, or 30 days for vacant property) when taxes were delinquent longer.
Read this right