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Home » US Law » 2021 Tennessee Code » Title 26 - Execution » Chapter 5 - Sale on Execution

§ 26-5-101. Publication and Posting of Notice

The officer making a levy on land shall publish such sale at least three (3) different times in a newspaper published in the county where the sale is to be made. The first publication shall be at least twenty (20) days prior to the sale, unless the amount of the indebtedness for the payment of […]

§ 26-5-102. Length of Posting

The advertisement of sale by posted written notice shall be at least twenty (20) days for land, and ten (10) days for all other kinds of property, except for the sale of fruits and vegetables, or other perishable articles, when the sale may be made after advertisement by the officer making the levy, on twenty-four […]

§ 26-5-103. Notice to Defendant Occupying Land

If the defendant is in actual possession and occupation of the land levied on, the officer having the execution shall, at least twenty (20) days prior to such sale, serve the defendant with written notice, stating that the execution is levied on the land, and mentioning the time and place of sale; and sales made […]

§ 26-5-104. Hour of Sale

Execution sales shall be made between the hours of nine o’clock a.m. (9:00 a.m.) and seven o’clock p.m. (7:00 p.m.). Code 1858, § 3038 (deriv. Acts 1807, ch. 99, § 1); Shan., § 4766; Code 1932, § 8896; T.C.A. (orig. ed.), § 26-704; Acts 2017, ch. 187, § 1.

§ 26-5-105. Plan of Division of Land

At any time before ten o’clock a.m. (10:00 a.m.), on the day of sale, the defendant may deliver to the officer a plan of division of the lands levied on, subscribed by the defendant, and it shall, in that case, be the duty of the officer to sell, according to the plan, so much of […]

§ 26-5-106. Transfer of Corporate Stock

Upon the sale of corporate stock or shares by execution, the officer, on receiving from the purchaser the amount of the purchaser’s bid, shall execute and deliver to the purchaser an assignment of the certificate of shares sold. The officer’s return of the sale on the back of the execution shall be notice to all […]

§ 26-5-107. Sale of Intoxicating Liquors

In any suit at law or in equity, whether now pending or hereafter instituted, wherein an attachment is issued and levied upon intoxicating liquors, and/or wherein an execution is awarded and levied upon intoxicating liquors, such liquors may be sold by the levying officer by advertising such liquor for sale in the same way and […]

§ 26-5-108. Unpaid Taxes

Whenever real estate is sold under a decree of any court, it shall be the duty of the judge of the court, before the sale is confirmed to the purchaser, while the funds are in court, to have a reference, to the clerk or clerk and master, while the funds are in court, to ascertain […]

§ 26-5-109. Certificate to Purchaser of Land

On the sale of land by execution, the officer shall give to the purchaser a certificate, if demanded, of the fact, stating the date of sale, the amount of the bid, the execution under which the land is sold, and the description of the land as given in the levy. Code 1858, § 3054; Shan., […]

§ 26-5-110. Delivery of Certificate on Redemption

If the land is redeemed, the purchaser or purchaser’s assignee shall assign and deliver the sheriff’s certificate to the person redeeming. Code 1858, § 3055; Shan., § 4782; Code 1932, § 8912; T.C.A. (orig. ed.), § 26-715.

§ 26-5-111. Purchaser’s Right to Deed

The purchaser, after payment of the money bid at execution, or the person succeeding to the purchaser’s rights, may, at any time, either within or after the expiration of the two (2) years allowed for redemption, demand from the officer or the officer’s successor a deed, who shall execute it accordingly. Code 1858, § 3056; […]

§ 26-5-112. Deed of Successor in Office

Any sheriff, coroner, or trustee may execute a deed for lands sold by a former sheriff, coroner, or trustee, which deed shall be valid, as if executed by such former officer; and such deed shall be prima facie evidence of the truth of all the statements and recitals contained therein. All such deeds, heretofore executed […]

§ 26-5-113. Deed on Redemption

If the officer’s deed is made within two (2) years, the person obtaining it, in case the land is redeemed from such person, shall make to the redeeming party, a complete deed, proved or acknowledged for registration, divesting the person acquiring by the officer’s deed and vesting the other with the title acquired. In like […]

§ 26-5-114. Satisfaction Set Aside for Want of Title

Where execution from a court of record or a general sessions court is returned satisfied, in whole or part, by the sale of property of the defendant, and the plaintiff in the judgment shall establish that no title to the property so sold was obtained, the plaintiff may have the satisfaction of the judgment set […]

§ 26-5-115. Minimum Acceptable Price for Property Sold

The sheriff of each county in the state of Tennessee is hereby authorized to set a minimum acceptable price for every item, of property, both personal and real, to be sold at any sheriff’s sale in the state provided such price shall be equal to or greater than fifty percent (50%) of the fair market […]