Mortgage foreclosure surplus

Tenn. Code Ann. §§ 35-5-101–117 govern nonjudicial deed-of-trust sale procedure; the deed of trust, Tennessee equity and lien-priority law govern application of any surplus. Sections 66-8-101 et seq. address redemption, not surplus distribution. No universal post-sale owner surplus-claim deadline is stated in the deed-of-trust foreclosure provisions. Request trustee accounting and payment promptly; the statutory two-year redemption right may be waived in a deed of trust and is distinct from a surplus claim.

Tax sale surplus

Tenn. Code Ann. §§ 67-5-2501(a)(3)(A)(vi) and 67-5-2702 directly govern excess proceeds from a judicial delinquent-tax sale, including a motion in the tax case and priority among taxes, lienholders and the former taxpayer. An interested person may move for excess proceeds after confirmation and until the money is actually forwarded to the state under the Uniform Unclaimed Property Act (§ 67-5-2702(c)(5)). Serve the motion at least 30 days before hearing; the property redemption period under § 67-5-2701 is separate.

Unclaimed funds

Tennessee Uniform Unclaimed Property Act, Tenn. Code Ann. tit. 66, ch. 29, pt. 1; § 66-29-152 governs owner claims to the State Treasurer. Section 66-29-152 sets no fixed general initial owner-claim cutoff for property held by the Treasurer. Once tax-sale excess is transferred there under § 67-5-2702, the unclaimed-property claim process applies.

Statute text

Links to the statutes referenced in our research. These may be third-party copies of older code editions, so check the current official code before relying on them.

• Tax sale surplus statute
• Mortgage foreclosure statute