reglab/housing_qa huggingface dataset:
TN Code § 47-12-106 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-106. Stay of Execution

 When the principal and surety, or endorser, are sued, and the execution is stayed without the request or consent of the surety or endorser, the stayor shall be liable, in default of the principal debtor, to pay the debt and costs of judgment and in priority to the first surety or endorser, unless the first surety or endorser specially and in writing joined with the debtor in procuring the stay.   Code 1858, § 1973 (deriv. Acts 1820, ch. 24, § 1; 1841-1842, ch. 136, § 1); Shan., § 3522; mod. Code 1932, § 7531; T.C.A. (orig. ed.), § 47-706.
TN Code § 47-12-107 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 12 - Discharge of Sureties|§ 47-12-107. Continuing Guaranty or Suretyship Agreements — Future Obligations

  Notwithstanding any law to the contrary, no continuing guaranty or suretyship agreement which guarantees the performance of all present and future obligations shall be enforceable against a surety unless the individual or organization agrees in writing to guarantee the future obligation; provided, that no additional writing or guarantee shall be required, at the time of the advance, for advances which are permitted pursuant to the terms of the guaranty or suretyship agreement.   This section only applies when the indebtedness of the principal debtor arises from personal obligations, and do not apply when the indebtedness arises from commercial obligations.
TN Code § 47-13-101 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-101. Trustees or Assignees for Creditors, Etc. — Bond — Oath

 Every trustee or assignee to whom property exceeding the value of five hundred dollars ($500) is conveyed in trust for the benefit of creditors, sureties, or other persons, unless by them released, in writing, from the obligations hereinafter prescribed, before entering upon the discharge of such trustee's or assignee's duty, shall give bond, with two (2) or more good and sufficient sureties, or one (1) corporate surety, in an amount equal to the value of the property mentioned in the deed or assignment, payable to the state of Tennessee, conditioned for the faithful performance of all the duties imposed upon the trustee or assignee by law and by the terms of the deed or assignment, and shall take and subscribe, before the person performing the duties of the county clerk of the county in which the trustee or assignee resides, an oath to the effect that the trustee or assignee will:   Honestly and faithfully execute and perform all the duties imposed upon such trustee or assignee by law and by the deed or assignment;   Cause to be made a full, true, and perfect inventory of the goods, chattels, lands, or other assets, all and singular, contained in the trust deed or assignment which have or may come into the trustee's or assignee's hands or into the hands of any other person for such trustee or assignee; and   Return, or cause to be filed in the office of the person performing the duties of the county clerk, a full and true account of all the sales of the effects, and of all moneys received or securities taken.    Code 1858, § 1974 (deriv. Acts 1855-1856, ch. 113, §§ 9, 10); Shan., § 3523; Code 1932, § 7773; T.C.A. (orig. ed.), § 47-1501; modified.
TN Code § 47-13-102 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-102. Filing of Bond and Oath

 The bond and affidavit shall be filed and preserved by the person performing the duties of the county clerk in such person's office.   Code 1858, § 1975(deriv. Acts 1855-1856, ch. 113, § 10); Shan., § 3524; Code 1932, § 7774; T.C.A. (orig. ed.), § 47-1502; modified.
TN Code § 47-13-103 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-103. Settlement by Trustee or Assignee

 Any trustee or assignee to whom property has been conveyed in trust for the benefit of creditors, under the provisions of this chapter, shall be required to make settlement with the person performing the duties of the county clerk of the county in which the deed of trust or assignment was made, as soon after qualification as the nature of the deed or assignment will admit, showing what funds the trustee or assignee has received, how the trustee or assignee has disposed of the trust property, what expenses the trustee or assignee has paid out, and what amount of the funds remain in the trustee's or assignee's hands for payment to beneficiaries under the deed or assignment.
TN Code § 47-13-104 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-104. Failure to Settle — Citation Upon Application of Interested Party

 Should any such trustee or assignee fail or refuse to make settlement as required by § 47-13-103, the person performing the duties of the county clerk shall be required, upon application of anyone interested in the trust property, to issue a citation to such trustee or assignee, requiring the trustee or assignee to appear before the person performing the duties of the county clerk on a given day and make settlement as required by § 47-13-103, a copy of which citation shall be served by the sheriff or any constable of the county at least five (5) days before the day appointed in the citation for such settlement or casting of account.
TN Code § 47-13-105 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-105. Failure to Settle — Citation Without Application

 The person performing the duties of the county clerk, after the expiration of two (2) years from the qualification of such trustee or assignee, shall have power, without application from anyone interested in the trust property, to compel such trustee or assignee to make settlement by citation, as prescribed in § 47-13-104.
TN Code § 47-13-106 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-106. Failure to Settle — Penalty

 Any such trustee or assignee, who fails or refuses to settle, as above required, after such citation or notice, commits a Class A misdemeanor, and shall be liable to indictment or presentment in the same manner as administrators who fail or refuse to settle as required of them by law.
TN Code § 47-13-107 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-107. Failure to Settle — Removal of Trustee

  In addition to the foregoing penalties for failure to settle, the court having the jurisdiction of the monthly county court has the power, and it is its duty, upon application, by petition, unless satisfactory reasons be shown why the same shall not be done, to revoke the appointment of such trustee and remove the trustee, and appoint another, who shall be subject to §§ 47-13-103 — 47-13-109.   In all such proceedings to remove such trustee or assignee, the trustee or assignee shall have reasonable notice, not less than ten (10) days, of such application and an opportunity to defend same.
TN Code § 47-13-108 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-108. Applicability of §§ 47-13-103 — 47-13-109

 Nothing in §§ 47-13-103 — 47-13-109 shall be construed to exempt trustees or assignees from qualifying, giving bond, and returning inventories, as prescribed by law, nor shall these sections be construed to make them applicable to deeds or mortgages given purely as security for money lent or advanced, but the sections apply only to conveyances made for the benefit of creditors.
TN Code § 47-13-109 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-109. Fees for Services Under §§ 47-13-103 — 47-13-108

 The person performing the duties of the county clerk, and the sheriff or constable, for the services performed by them under §§ 47-13-103 — 47-13-108, shall be entitled to and be allowed the same fees as are allowed them by law for like services in other cases.
TN Code § 47-13-110 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-110. Compensation of Trustees

 The court having the jurisdiction of the monthly county court, upon application, or the chancery court, if the trust is administered in the chancery court, may allow a trustee or assignee compensation exceeding the compensation of clerks and masters, if the character of the services rendered entitle the trustee or assignee to such compensation in the opinion of such court, but such compensation in no case shall exceed five percent (5%).
TN Code § 47-13-111 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-111. Noncompliance by Trustee — Appointment of Receiver

 If any trustee or assignee fails or refuses to comply with this chapter, the court having the jurisdiction of the monthly county court, upon application of any person interested, shall, in lieu of the delinquent, appoint a trustee or receiver who, upon executing the bond and taking the oath aforementioned, may execute the trust or assignment.   Code 1858, § 1977 (deriv. Acts 1855-1856, ch. 113, § 11); Shan., § 3526; Code 1932, § 7783; T.C.A. (orig. ed.), § 47-1511; modified.
TN Code § 47-13-112 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-112. Death, Resignation, or Removal of Trustee

 The chancery court or the court having the jurisdiction of the monthly county court is empowered, upon suggestion and proof of the death, resignation, or removal beyond the limits of this state, of any trustee named as such in any deed of trust conveying realty or personalty as security for the payment of debts or other obligations, to appoint and qualify a trustee in lieu of the trustee dead, resigned, or removed as aforementioned.
TN Code § 47-13-113 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-113. Powers of Successor Trustee

 Any trustee so appointed and qualified shall be vested with all the power and authority given in the deed of trust to the original trustee and be subject to all the conditions and limitations therein imposed upon the original trustee.
TN Code § 47-13-114 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-114. Release of Sureties

 The sureties of a trustee or assignee for the benefit of creditors may be released in the manner prescribed in title 29, chapter 33.   Code 1858, § 1978; Shan., § 3527; Code 1932, § 7786; T.C.A. (orig. ed.), § 47-1514.
TN Code § 47-13-115 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-115. General Assignments — Preference of Creditors

  Preference of creditors in general assignments of all a debtor's property for the benefit of creditors shall be illegal and voidable, and all general assignments shall operate for the benefit of all the debtor's creditors pro rata, whether all the creditors are named in the assignment or not.   The insertion of a clause in the assignment giving a preference shall not render the assignment itself invalid, but the clause only shall be nugatory, and all the debtor's creditors shall share ratably in property assigned.
TN Code § 47-13-116 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-116. General Assignments — Prior Conveyance for Benefit of Particular Creditor

 Any mortgage, deed of trust, security interest under the Uniform Commercial Code, or any other conveyance of a portion of a debtor's property for the benefit of any particular creditor or creditors, made within three (3) months preceding a general assignment and in contemplation of making a general assignment, shall be void in the event a general assignment is made within three (3) months thereafter, and the property conveyed by such conveyance shall be shared ratably by all creditors just as that embraced in general assignments.
TN Code § 47-13-117 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-117. General Assignments — Prior Judgment by Confession or Default

 Any confession of judgment by a debtor, or permitting judgment to be taken by default, or by collusion, within three (3) months preceding a general assignment, and in contemplation of such assignment, shall be void, in the event a general assignment is made within three (3) months after the judgment.
TN Code § 47-13-118 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-118. General Assignments — Inventory — Trustee's Rights to Property

 The debtor making a general assignment shall annex thereto a full and complete inventory or schedule under oath of all the debtor's property of every description, and the trustee or assignee shall be entitled to any other property of the debtor not embraced in the assignment, and not exempt from execution, and also to property conveyed in violation of § 47-13-116, and to the property or its proceeds assigned to satisfy judgments rendered in violation of § 47-13-117.
TN Code § 47-13-119 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-119. Mortgages, Deeds of Trust or Security Agreements

 This chapter shall not prevent any person from making a mortgage, deed of trust, or security agreement under the Uniform Commercial Code to secure the payment for property bought or money lent, or for necessary advancements of supplies, stock, or farming implements to be made, to enable the owner of crops to make and save the same; provided, that the mortgage, deed of trust, or security agreement is executed at the time of buying the property, or borrowing the money, or making the contract for the advancements to be made, if the mortgage, deed of trust, or security agreement fixes the amount of advancement to be made under the contract.
TN Code § 47-13-120 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 13 - Assignments for Benefit of Creditors|§ 47-13-120. Time for Presenting Claims — Notice

  A trustee under a general assignment made for the benefit of creditors shall give notice for a reasonable time by advertisement for four (4) consecutive issues in the nearest newspaper to or within the county in which the trustee is qualified, and by posting at the courthouse door of the county, for all persons having claims secured by the assignment to present the claims to the trustee, taking the trustee's receipt therefor, on or before a day fixed in such notice, which day shall not be less than twelve (12) months after the day of notice.   Any claims not presented to the trustee on or before the day so fixed, or before an appropriation of the trust funds, shall be forever barred, both in law and equity.
TN Code § 47-14-101 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-101. Judgments Rendered in Dollars and Cents

 All verdicts and judgments shall be rendered in dollars and cents, or such parts thereof as the nature of the case may require. Executions thereon, and all bills of costs, shall be issued accordingly.   Code 1858, § 1942 (deriv. Acts 1798-1799, ch. 19, § 1); Shan., § 3491; mod. Code 1932, § 7299; T.C.A. (orig. ed.), § 47-1601; Acts 1976, ch. 737, § 1; 1979, ch. 203, § 25.
TN Code § 47-14-103 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-103. Maximum Effective Rates Generally

 Except as otherwise expressly provided by this chapter or by other statutes, the maximum effective rates of interest are as follows:   For all transactions in which other statutes fix a maximum effective rate of interest for particular categories of creditors, lenders, or transactions, the rate so fixed;   For all written contracts, including obligations issued by or on behalf of the state of Tennessee, any county, municipality, or district in the state, or any agency, authority, branch, bureau, commission, corporation, department, or instrumentality thereof, signed by the party to be charged, and not subject to subdivision (1), the applicable formula rate; and   For all other transactions, ten percent (10%) per annum.
TN Code § 47-14-104 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-104. Single Payment Loans

  Notwithstanding this or other statutes, for all single payment loans for a term of one (1) year or less, in an original principal amount of one thousand dollars ($1,000) or less:  The maximum effective rate of interest shall be that rate fixed, from time to time, as fair and reasonable, by rule adopted by the commissioner of financial institutions, but in no event to exceed ten percent (10%) per annum; and   A loan charge may be exacted at a rate not to exceed seven dollars and fifty cents ($7.50) on the first one hundred dollars ($100) of principal and one dollar and fifty cents ($1.50) per one hundred dollars ($100) of principal thereafter, up to a maximum of twenty dollars ($20.00) for any loan; provided, that no such loan charge may be assessed upon the renewal of any such loan.     The commissioner shall adopt reasonable rules and regulations to prevent abuses in the collection of interest, loan charges, and any other charges made in connection with or in relation to such single payment loans.
TN Code § 47-14-105 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-105. Announcement and Publication of Formula Rates — Reliance Thereon

  Upon the publication by the board of governors of the Federal Reserve System of the average prime loan rate, as described in § 47-14-102, the commissioner of financial institutions shall:  Promptly make an official announcement of the formula rate;   Cause the dissemination of such announcement to the news media in such manner as the commissioner deems appropriate; and   Cause to be published in the Tennessee Administrative Register the formula rate as determined by the average prime loan rate first published during each calendar month.     In contracting for interest pursuant to § 47-14-103(2), any person shall be entitled to rely upon the formula rate thus announced or published by the commissioner; provided, that a formula rate shall not be deemed to have been published until seven (7) days have elapsed following the publication date stated in the issue of the Tennessee Administrative Register containing the announcement of such formula rate.   The determination by the commissioner as provided for herein, for the sole purpose of an announcement under this section, shall not be deemed a “rule” within the meaning of § 4-5-102, and such action of the commissioner shall be exempt from the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
TN Code § 47-14-106 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-106. Contracts for Applicable Formula Rates of Interest

 Contracts to which the applicable formula rate provided in § 47-14-103(2) applies may provide for the payment of a fixed rate of interest, a variable rate of interest or any combination of fixed and variable rates in any sequence, subject to this section.   A contract may provide for a fixed rate of interest:  Permissible at the time the contract to make the loan is executed;   Permissible at the time the loan is made;   Permissible at the time the interest rate on the loan is converted from a variable to a fixed rate, or from one fixed rate to another fixed rate, whether such conversion is by terms of the contract or by renewal, modification, extension or otherwise; or   Permissible at the time of any renewal or extension of the loan or any note evidencing the loan; or   Permissible by virtue of any combination of any of the foregoing.     A contract may provide for a rate of interest that may vary from time to time at such regular or irregular intervals as may be agreed by the parties; provided, that such variable rate shall not exceed the greater of:  That authorized by statute at the agreed time of each variance; or   That authorized at the time of execution of the contract or note evidencing the indebtedness upon which such variable rate is or is to be charged;     The parties may agree to a minimum fixed rate of interest to be applicable to a rate which is or may become otherwise variable; provided, that such agreed minimum fixed rate of interest does not exceed the rate permitted at the time the contract to make the loan is executed, or at the time the note is executed, or at the time of any renewal or extension thereof, whichever is greater.
TN Code § 47-14-107 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-107. Computation of Interest — Installment Loans

  This chapter does not limit or restrict the manner or method of contracting for interest, whether by way of add-on, discount, or otherwise, so long as the maximum effective rate of interest does not exceed that authorized by statute.   For installment loans, the maximum effective rate of interest shall:  Be determined in accordance with the actuarial method;   Be calculated, in the case of a precomputed loan, on the assumption that all scheduled payments will be made as contracted; and   Not be affected by the prepayment of the loan, in whole or in part.
TN Code § 47-14-108 (2021)
2021 Tennessee Code|Title 47 - Commercial Instruments and Transactions|Chapter 14 - Interest Rates Generally|§ 47-14-108. Prepayment of Loans — Contracts Restricting Prepayment of Loans

  Except as limited by statutory provisions expressly applicable thereto, the privilege of prepayment of a loan, in whole or in part, and any refunds or premiums with respect thereto, shall be governed by contract between the parties.    Any contract for a consumer loan that:  Either prohibits prepayment or imposes a penalty for prepayment; and   Is not subject to the federal Truth in Lending Act, compiled in 15 U.S.C. § 1601 et seq. and its implementing Regulation Z, compiled in 12 CFR 226 et seq.  shall state on its face in at least ten (10) point bold type in language separated from the other language in the contract by bold print dividing lines that it cannot be prepaid or that there is a penalty for prepayment.      If such contract does not comply with subdivision (b)(1), the provision prohibiting prepayment or imposing the prepayment penalty shall be unenforceable.   For purposes of this subsection (b), “consumer loan” means an extension of credit:  To one (1) or more natural persons;   Primarily for personal, family or household purposes; and   Secured by real property or secured by personal property used or expected to be used as the principal dwelling of the consumer.