2018 Tennessee Code
Title 66 - Property
Chapter 21 - Recording and Enforcement of Liens
Part 1 - General Provisions
§ 66-21-108. Recovery by real property owner who prevails in action challenging validity of lien.
(a) Except as provided in subsection (b), a real property owner who prevails in an action challenging the validity of a lien, including in a slander of title proceeding, shall recover:
(1) The owner's reasonable attorney's fees;
(2) Reasonable costs incurred by the owner to challenge the validity of the lien;
(3) Liquidated damages in an amount equal to ten percent (10%) of the fair market value of the property not to exceed one hundred thousand dollars ($100,000); and
(4) Any actual damages incurred by the owner.
(b) A real property owner shall not recover under subsection (a) if the action was brought to challenge a lien that is based on a loan agreement for which the encumbered property was listed as collateral to secure the repayment of the loan.
