EstatePass
FinancingDeed_of_trust_mechanicsHARD

Under Tennessee's non-judicial foreclosure process governed by Tenn. Code Ann. § 35-5-101 et seq., which of the following is NOT a required step before the trustee may conduct a foreclosure sale?

Correct Answer

C) Obtaining a court order or judicial judgment authorizing the sale

Obtaining a court order is NOT required for a non-judicial foreclosure in Tennessee. The entire purpose of the non-judicial (power of sale) foreclosure process under Tenn. Code Ann. § 35-5-101 et seq. is to allow the trustee to sell the property without court involvement. The trustee derives authority from the power-of-sale clause in the deed of trust itself, not from a judicial order.

Answer Options
A
Providing the borrower with at least 20 days written notice before the sale date
B
Publishing notice of the sale in a local newspaper for three consecutive weeks
C
Obtaining a court order or judicial judgment authorizing the sale
D
Including the power-of-sale clause in the original deed of trust instrument

Why This Is the Correct Answer

Sign up free to unlock full analysis

Why the Other Options Are Wrong

Sign up free to unlock full analysis

Deep Analysis of This Financing Question

Sign up free to unlock full analysis

Background Knowledge for Financing

Sign up free to unlock full analysis
Sign up free to unlock full analysis

Real World Application in Financing

Sign up free to unlock full analysis

Related Topics & Key Terms

Key Terms:

non_judicial_foreclosureforeclosure_requirementsno_court_orderpower_of_sale
Was this explanation helpful?

More Financing Questions

People Also Study

Financing Questions

Practice More Questions

Access 2,000+ practice questions and pass your real estate exam.

Start Practicing