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Summary of a Tennessee Foreclosure
Documents Needed to Begin Foreclosure

1. A copy of the RECORDED Deed of Trust
2. A copy of the Note
3. A copy of the RECORDED Assignments if applicable
4. A breakdown of Arrearages, i.e. date delinquency started, monthly payments, monthly late charges, and any other costs that have been paid, i.e. taxes, insurance, inspections, etc.

Foreclosure Method: A trust deed in Tennessee may be foreclosed by private sale. Tennessee is a non-judicial state. Also there is no redemption period after the sale in Tennessee. Tennessee is a one-notice state. A Notice of Default, Right to Cure, Election to Sell and Sale is sent certified and regular mail and publication is also requested. General Timeframe is 30 - 45 days. Sales are set on Thursdays at 10:00 a.m. You can continue in Tennessee in any increment and an unlimited number of postponements are permitted.

Foreclosure Procedures: A private trustee's sale usually begins with the law firm being designated as trustee. Based on the foreclosure report, all interested parties are notified in Tennessee first by a Notice of Default, Right to Cure, Election to Sell and Sale which is mailed regular and certified. Sale is set approximately 5 weeks out, notices are mailed regular and certified and publication is requested at the same time. Publication is set for three times and the first publication has to be at least 20 days prior to sale.

In Tennessee, after the sale, a Successor Trustee's Deed is sent for recording.

This law firm requests bid figures approximately 2 weeks before sale if at all possible.

Tennessee
Capital – Nashville
The Volunteer State
Non – Judicial

Tennessee Bar Association
016987 12/94

U.S. District Court – Eastern 4/00
U.S. District Court – Middle 4/00
U.S. District Court – Western 4/00

Foreclosure
General Time Frame 30 – 45 days
Post – Sale Redemption None
Postponement Allowed Yes
FNMA Fee $550
FHLMC Fee $550
FHA Fee $600
VA Fees Adjusted Accordingly

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Important Notice
Kleinsmith & Associates, P.C. operates within Fannie Mae fee schedules and timelines and will provide the same coverage as a “FNMA Network Certified” law firm. Should any loss or damage occur as a result of a mistake by our firm during the foreclosure process, which we cannot rectify, Kleinsmith & Associates, P.C. will indemnify the servicer against any loss or damage.



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