2012 Tennessee Code
Title 35 - Fiduciaries And Trust Estates
Chapter 5 - Judicial or Trust Sales
§ 35-5-117 - Legal notices of foreclosure. [Effective until January 1, 2013. See the Compiler's Notes.]
(a) Prior to the first publication of a notice of a foreclosure sale of a deed of trust, mortgage or other lien securing the payment of money or other thing of value on an owner-occupied residence pursuant to § 35-5-101, the lender, trustee or other creditor shall send, or arrange to have sent, to the debtor a notice of the right to foreclose. The lender, a servicer, an agent of the lender or servicer, or, at the discretion of the lender, the trustee may send such notice.
(b) The notice of the right to foreclose shall be sent not less than sixty (60) days prior to the first publication required by § 35-5-101.
(c) The notice of the right to foreclose shall be sent to the last known mailing address of:
(1) The principal debtor; and
(2) Any co-debtor or guarantor, but only if the address of the co-debtor or guarantor is different from the address of the principal debtor.
(d) The notice of the right to foreclose shall be sent by regular mail. The notice of the right to foreclose shall be effective upon deposit with the United States postal service and shall be effective for any foreclosure sale initiated by publication pursuant to § 35-5-101, after sixty (60) days and within twelve (12) months of sending such notice of the right to foreclose pursuant to this subsection (d).
(e) The notice of the right to foreclose shall be sent in a separate mailing.
(f) (1) The notice of the right to foreclose shall contain sufficient information to permit the debtor to contact the lender, servicer or creditor and federal government officials responsible for any existing loan modification program to discuss the account and the options that may be available to the debtor.
(2) The lender, servicer or creditor shall include in the notice of the right to foreclose the Internet web site address of the department of housing and urban development and may include the Internet web site address of any other governmental agency that is operating existing loan modification programs, of which the lender, servicer or creditor is aware.
(3) The lender, servicer or creditor shall provide such information about persons authorized by the lender, servicer or creditor to assist debtors in applying for such loan modification programs.
(4) The notice shall include content in a form similar to the following; provided, however, that the lender, servicer or creditor may delete all references in the notice to federal loan modification programs if no such programs are in existence or the loan would not qualify for any such programs at the time the notice the of right to foreclose is mailed to the debtor:
NOTICE OF THE RIGHT TO FORECLOSE
(g) For purposes of this section, "owner-occupied residence" means a one to four (1-4) family residence purchased and occupied as the principal residence of the debtor.
(h) The provisions of this section shall not apply to any:
(1) Judicial sale ordered or conducted by any court;
(2) Sale conducted by a trustee in bankruptcy;
(3) Sale conducted after a bankruptcy petition is filed and the automatic stay has been lifted by the bankruptcy court; or
(4) Sale conducted if the borrower has obtained a prior loan modification or refinance after July 1, 2011.
(i) The giving of the notice of the right to foreclosure shall be recited in any deed memorializing the sale and shall be conclusory on third parties without notice of any actual defect in the notice, but giving of the notice of the right to foreclose shall not be required to be set forth in any notice of foreclosure.
(j) If the trustee determines at the time of the sale that the notice of the right to foreclose was not sent to the debtor as required by subsection (a), the debtor may, in writing, request and consent to the postponement of the sale for not less than thirty (30) days nor more than sixty (60) days. Upon the receipt of the written request and consent of the debtor, the trustee shall postpone the sale. During any period of agreed postponement of the sale, no additional notice of sale or republication of notice of sale under § 35-5-101, shall be required.
(k) No written notice shall be required under this section if the lender, trustee, or agent thereof has met in-person with the principal debtor within one hundred and eighty (180) days prior to publishing the notice of foreclosure to review the loan and advise the principal debtor that failure to meet the loan obligations may result in foreclosure proceedings. For purposes of this subsection (k), the lender, trustee, or agent who has met with the principal debtor shall execute a sworn affidavit stating the time and place of the meeting or meetings; and, the trustee or substitute trustee shall file a copy of the affidavit as an attachment to the trustee's deed.
Disclaimer: These codes may not be the most recent version. Tennessee may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.