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Jennifer is an affiliate broker who recently passed her Tennessee exam. A client who moved from Ohio tells her that he purchased a foreclosure property in Ohio and was able to reclaim it after the sale by paying the debt within the state's redemption period. He asks Jennifer whether the same right exists in Tennessee. Jennifer correctly responds that Tennessee is different. Which explanation best represents the accurate Tennessee rule?

Correct Answer

B) Tennessee provides no statutory right of redemption after a non-judicial foreclosure sale; once the sale is complete, the borrower cannot reclaim the property by paying the debt.

Tennessee does not provide any statutory right of redemption after a non-judicial foreclosure sale under Tenn. Code Ann. § 35-5-101 et seq. This is a critical distinction from many other states (including Ohio) that do provide post-sale redemption periods. Once the trustee completes the non-judicial foreclosure sale in Tennessee, the former borrower has no legal right to reclaim the property regardless of the circumstances.

Answer Options
A
Tennessee provides a 90-day statutory redemption period after non-judicial foreclosure, which is shorter than Ohio's but still exists.
B
Tennessee provides no statutory right of redemption after a non-judicial foreclosure sale; once the sale is complete, the borrower cannot reclaim the property by paying the debt.
C
Tennessee provides a statutory redemption period only if the foreclosure sale price was less than 70% of the property's appraised value.
D
Tennessee provides a 1-year statutory redemption period for residential properties but not for commercial properties.

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Related Topics & Key Terms

Key Terms:

foreclosure_processright_of_redemptionstate_comparisonno_redemption_tennessee

Related Concepts

TILA is a federal law that requires lenders to disclose the true cost of credit to borrowers, including the annual percentage rate (APR), total finance charges, and loan terms. It is implemented by Regulation Z.

A trustee sale is a type of foreclosure where a trustee, appointed under a deed of trust, sells the property at auction to satisfy the debt.

Usury is the practice of charging an interest rate that exceeds the maximum rate permitted by state law. Usury laws protect borrowers from excessive interest charges on loans.

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