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Home » US Law » 2021 Tennessee Code » Title 66 - Property » Chapter 8 - Redemption of Real Estate Sold for Debt

§ 66-8-101. Right of Redemption — Waiver

Real estate sold for debt shall be redeemable at any time within two (2) years after such sale: Where it is sold under execution; Where it is sold under any decree, judgment, or order of a court of chancery, whether founded upon a foreclosure of a mortgage, or deed of trust, or otherwise, unless, upon […]

§ 66-8-102. Period in Which Redeemable

Real estate sold for debt and made redeemable shall continue redeemable to the debtor and the debtor’s creditors for two (2) years after the sale, upon the terms set forth in this chapter, no matter how often it had been previously redeemed. Code 1858, § 2130 (deriv. Acts 1820, ch. 11, § 5; 1842 (E.S.), […]

§ 66-8-103. Waiver of Right in Mortgage or Trust Deed

The right of redemption does not extend to any sale under and by virtue of a power contained in any deed of trust, mortgage, or other instrument, whereby the right is waived or surrendered by such mortgage or conveyance. Code 1858, § 2125 (deriv. Acts 1857-1858, ch. 46, § 1); Shan., § 3812; Code 1932, […]

§ 66-8-104. Timber on Land Subject to Redemption — Waste

No person holding the temporary title to real estate, subject to redemption, shall use more of the wood growing thereon than the timber required to keep the improvements in good repair, and firewood necessary for those occupying the same; nor shall that person destroy or remove from the land any fencing or buildings. Code 1858, […]

§ 66-8-105. Remedies Against Waste

The person having the right to redeem such real estate may file a bill in chancery for an injunction to restrain waste; and, after redemption, may recover damages occasioned by such waste. Code 1858, § 2134 (deriv. Acts 1843-1844, ch. 170, § 2); Shan., § 3821; Code 1932, § 7746; T.C.A. (orig. ed.), § 64-805. […]

§ 66-8-106. Purchase Price Paid on Redemption

Any debtor whose interest in real estate has been so sold, and is subject to redemption, may redeem the interest by paying to the purchaser, or to anyone claiming under the purchaser, the amount bid or paid by the purchaser, with interest thereon at the current composite prime rate as published by the federal reserve […]

§ 66-8-107. Advance on Bid by Purchasing Creditor

If the purchaser is a bona fide creditor by judgment, decree, or debt acknowledged by deed, and, within twenty (20) days after the sale, the purchaser makes an advance on the purchaser’s bid, and credits the purchaser’s debt by depositing a receipt therefor with the clerk of the court in which the judgment or decree […]

§ 66-8-108. Redemption From Redeeming Creditor

A bona fide creditor, who redeems from the purchaser at the sale, shall hold the property subject to redemption by the original debtor, or any other of the original debtor’s creditors, upon the same terms on which it was redeemable in the hands of the first purchaser or any person claiming under that purchaser; that […]

§ 66-8-109. Advance on Redemption Price by Redeeming Creditor

When any such creditor has redeemed land from the original purchaser, or from one who has previously redeemed, that creditor may, within twenty (20) days after such redemption, advance upon the bid any sum to the extent of that creditor’s debt or debts, just as if such creditor had been the original purchaser. Code 1858, […]

§ 66-8-110. Total Amount Payable on Redemption

The person proposing to redeem shall always pay, or tender, to the holder of the land, the amount of money lawfully paid by the holder, with interest thereon, at the current composite prime rate as published by the federal reserve board as of the date of purchase per annum; and, if the holder is a […]

§ 66-8-111. Unauthorized Increase of Bid

In no case shall the holder or claimant of the property increase such holder’s or claimant’s bid against the debtor, or any bona fide creditor offering to redeem the real estate, except as provided in § 66-8-110. Code 1858, § 2132 (deriv. Acts 1842 (E.S.), ch. 6, § 9); Shan., § 3819; Code 1932, § […]

§ 66-8-112. Rent During Redemption Period

The debtor, permitted by the purchaser to remain in possession, shall not be liable for rent from the date of the sale to the time of the redemption; and if the purchaser or the purchaser’s assignee takes possession under the purchase, upon redemption by the debtor, the debtor shall have a credit for the fair […]

§ 66-8-114. Enforcement of Right to Redemption

If the purchaser, or the purchaser’s vendee, fails or refuses to reconvey to such party entitled and offering to redeem, as set forth in this chapter, such party so paying or tendering payment shall have the right to file in the chancery court a bill to enforce the purchaser’s rights of redemption. In any suit […]