reglab/housing_qa huggingface dataset:
TN Code § 35-5-109 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-109. Published Ending Time and Published Start Time for Auctions

 The published ending time for auctions conducted under this chapter on an internet-based bidding platform and the published start time for an in-person auction must be between the hours of nine o'clock a.m. (9:00 a.m.) and seven o'clock p.m. (7:00 p.m.) of the day fixed in the notice or advertisement. The day fixed may be any day Monday through Saturday, but must not be fixed on a state or federal legal holiday. However, this section does not apply to sales of parcels pursuant to title 67, chapter 5.   Code 1858, § 2155 (deriv. Acts 1807, ch. 99, § 1); Shan., § 3848; Code 1932, § 7803; T.C.A. (orig. ed.), § 35-510; Acts 2014, ch. 912, § 3; 2015, ch. 414, § 1; 2017, ch. 187, § 2; 2019, ch. 471, § 1.
TN Code § 35-5-110 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-110. Bidding on Land Sales May Be Reopened by Clerks — Court's Power Not Abridged

 In all sales of land made under orders, and decrees of the circuit, probate, chancery, appeals and supreme courts where an advance bid of as much as ten percent (10%) of the original bid is made, the clerk, or clerk and master, of the court is empowered, at no additional fee, commission or cost, to accept the advance bid and reopen the biddings on the sale, and to receive additional bids, and to hold the sale open for advance bids to some day by the officer designated, and give the purchaser and the parties, or their attorneys of record, notice of the reopening of the biddings, and to report this action to the court for confirmation without any order or decree of the court authorizing the reopening first being had, unless the court's order or decree for the sale of the land specifically prohibits the acceptance of an advance bid; provided, that nothing in this section shall be construed as abridging the rights and jurisdiction of the court to reopen the biddings on such terms as the court may deem right.
TN Code § 35-5-111 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-111. State May Bid at Execution or Judicial Sales

 Whenever the state is interested in the proceeds of any execution sale or any judicial sale, to any extent whatsoever, the state, acting through its attorney general and reporter, may bid on and buy in property either real or personal, at that sale, to the same extent as any natural person might do. Any sums due and payable on behalf of the state, as costs of sale or as a part of the purchase price of the property so bid in and paid by the state, shall be paid out of the general fund of the state treasury upon the warrant of the governor.
TN Code § 35-5-112 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-112. Auctioneer Services and Fee — Manner and Method of Sale of Real Property at Discretion of Court

  Whenever real or personal property is to be sold at public sale under any order or decree of any court in this state, the court, judge or chancellor under whose jurisdiction the sale is to be made has the discretionary authority to secure the services of an auctioneer licensed in this state to conduct the public sale and to fix the auctioneer's fee, the fee to be not more than eight percent (8%) of the sale price on sales of real property and not more than ten percent (10%) of the sale price on sales of personal property, these fees not to include the expenses of sales, and to order the fee to be paid out of the proceeds of the sale.   Whenever real property is sold at a public sale conducted by an auctioneer, the manner and method of sale is at the discretion of the court. As used in this section, “public sale” includes auctions on internet-based bidding platforms, in-person, on-site, or off-site auctions, and other accepted auction methods, so long as the auctions are open for participation by the public at large. The court, in its discretion, may impose additional conditions or procedures upon the sale of property as are reasonably necessary.   If the clerk of the court or clerk and master is also a licensed auctioneer, then the clerk or clerk and master shall receive fees in that person's capacity as clerk, or clerk and master, or special commissioner, and shall not receive any extra fee as a licensed auctioneer.
TN Code § 35-5-113 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-113. Auction Sales in Divorce Proceedings

 The provisions and procedures of this chapter apply to all auction sales of property ordered by a court pursuant to § 36-4-121, to accomplish the equitable division of property in divorce cases. The court, in its discretion, may impose any additional conditions or procedures upon the sale of property in divorce cases as are reasonably designed to ensure that the property is sold for its fair market value.
TN Code § 35-5-114 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-114. Trustee's Attendance at Foreclosure — Successor Trustee

  In any sale of land to foreclose a deed of trust, mortgage, or other lien securing the payment of money or other thing of value, the trustee or person or entity holding a similar position may attend the foreclosure either in person or by an agent. If the trustee attends by an agent, the agent may receive bids and conduct the sale on behalf of the trustee. The trustee shall execute any applicable trustee's deed or similar conveyance instrument. The appointment of an agent by a trustee need not be by written instrument, nor is there any recording required relative to the appointment.    The beneficiary may, unless the deed of trust contains specific language to the contrary, appoint a successor trustee at any time by filing a substitution of trustee for record with the register of deeds of the county in which the property is situated.   The substitute trustee or its delegate shall succeed to all the power, duties, authority and title of the original trustee and any previous successor trustee or delegatee.    In the event the substitution of trustee is not recorded prior to the first date of publication by the substitute trustee, the beneficiary shall include in the substitution of trustee instrument, which shall be recorded prior to the deed evidencing sale, the following statement:  Beneficiary has appointed the substitute trustee prior to the first notice of publication as required by T.C.A. § 35-5-101 and ratifies and confirms all actions taken by the substitute trustee subsequent to the date of substitution and prior to the recording of this substitution.    Once a substitution of trustee instrument containing the statement set forth in subdivision (b)(3)(A) is timely recorded, it shall act as conclusive proof as a matter of law that the substitute trustee has been timely appointed and has acted with authority of the beneficiary.       A substitution of trustee shall be recorded prior to any sale, and no action may be instituted against any person who, acting in good faith without knowledge to the contrary, relies upon the validity of the substitution of trustee or written statements by the beneficiary or substitute trustee as to the authority of the substitute trustee.   If the name of the substitute trustee is not included in the first publication, then, not less than ten (10) business days prior to the sale date, the substitute trustee shall send notice by registered or certified mail to the debtor or any co-debtor, as provided in § 35-5-101, and to any interested parties, giving the name and address of the substitute trustee. If the trustee is not a resident of this state, the notice shall include the name and address of a registered agent of the substitute trustee who is located in the state. Record notice of the mailing provided in this subsection (d) shall be evidenced by the substitute trustee's recordation of an affidavit recorded prior to the deed evidencing the sale or by recitation on the substitute trustee's deed.
TN Code § 35-5-115 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-115. Discovery Proceedings for Nonresidents

   IF a nonresident creditor holds indebtedness secured by residential real property that is located in this state and owned by a state resident, OR   IF a nonresident trustee or agent is involved in foreclosure proceedings relative to residential real property that is located in this state and owned by a resident,   THEN all discovery proceedings, including, but not limited to, the production of requested documents and the deposition of witnesses, shall be conducted in the county in which the residential real estate is located or in which the litigation is pending.     The court in which such litigation is pending may make orders consistent with the purposes of this section to prevent undue burden on any party.
TN Code § 35-5-116 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-116. Trustee as Necessary Party

  Any trustee named in a suit or proceeding, as related to a sale of real property under a trust deed or mortgage, may plead in the answer that the trustee is not a necessary party by a verified denial, stating the basis for the trustee's reasonable belief that the trustee was named as a party solely in the capacity as a trustee under a deed of trust, contract lien, or security instrument.   Within thirty (30) days after the filing of the trustee's verified denial, a verified response is due from all parties to the suit or proceeding setting forth all matters, whether in law or fact, that rebut the trustee's verified denial.   If a party has no objection or fails to file a timely verified response to the trustee's verified denial, the trustee shall be dismissed from the suit or proceeding without prejudice.   If a respondent files a timely verified response to the trustee's verified denial, the matter shall be set for hearing. The court shall dismiss the trustee from the suit or proceeding without prejudice, if the court determines that the trustee is not a necessary party.   A dismissal of the trustee pursuant to subsections (c) and (d) shall not prejudice a party's right to seek injunctive relief to prevent the trustee from proceeding with a foreclosure sale.   A trustee shall not be liable for any good faith error resulting from reliance on any information in law or fact provided by the borrower or secured party or their respective attorney, agent, or representative or other third party.
TN Code § 35-5-118 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-118. Deficiency Judgment Sufficient to Fully Satisfy Indebtedness on Real Property After Trustee's or Foreclosure Sale

  In an action brought by a creditor to recover a balance still owing on an indebtedness after a trustee's or foreclosure sale of real property secured by a deed of trust or mortgage, the creditor shall be entitled to a deficiency judgment in an amount sufficient to satisfy fully the indebtedness.   In all such actions, absent a showing of fraud, collusion, misconduct, or irregularity in the sale process, the deficiency judgment shall be for the total amount of indebtedness prior to the sale plus the costs of the foreclosure and sale, less the fair market value of the property at the time of the sale. The creditor shall be entitled to a rebuttable prima facie presumption that the sale price of the property is equal to the fair market value of the property at the time of the sale.   To overcome the presumption set forth in subsection (b), the debtor must prove by a preponderance of the evidence that the property sold for an amount materially less than the fair market value of property at the time of the foreclosure sale. If the debtor overcomes the presumption, the deficiency shall be the total amount of the indebtedness prior to the sale plus the costs of the foreclosure and sale, less the fair market value of the property at the time of the sale as determined by the court.    Any action for a deficiency judgment under this section shall be brought not later than the earlier of:  Two (2) years after the date of the trustee's or foreclosure sale, exclusive of any period of time in which a petition for bankruptcy is pending; or   The time for enforcing the indebtedness as provided for under §§ 28-1-102 and 28-2-111.     Nothing contained in this section shall be construed as limiting a person entitled to bring such action from electing to sue on an indebtedness in lieu of, prior to, or contemporaneously with enforcement of a deed of trust or mortgage.
TN Code § 35-5-119 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 5 - Judicial or Trust Sales|§ 35-5-119. Applicability of §§ 35-5-101(e), 35-5-104(a)(4) and (5), and 35-5-104(b)

 The requirements of §§ 35-5-101(e), 35-5-104(a)(4) and (5), and 35-5-104(b) shall not be applicable to sales of parcels pursuant to title 67, chapter 5.
TN Code § 35-7-101 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-101. Short Title

 This chapter shall be known and may be cited as the “Tennessee Uniform Transfers to Minors Act.”
TN Code § 35-7-102 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-102. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Adult” means an individual who has attained twenty-one (21) years of age;   “Benefit plan” means an employer's plan for the benefit of an employee or partner;   “Broker” means a person lawfully engaged in the business of effecting transactions in securities or commodities for the person's own account or for the account of others;   “Court” means the chancery, probate and juvenile courts and other courts having probate jurisdiction, which shall have concurrent jurisdiction under this chapter;   “Custodial property” means:  Any interest in property transferred to a custodian under this chapter; and   The income from and proceeds of that interest in property;     “Custodian” means a person so designated, including a person designated as a joint custodian pursuant to § 35-7-111, or a successor or substitute custodian designated according to this chapter;   “Financial institution” means a bank, trust company, savings institution, or credit union, chartered and supervised under state or federal law;   “Guardian” means a person appointed by or qualified in a court to act as a general, limited, or temporary guardian or conservator of a minor's property or person or a person legally authorized to perform substantially the same functions;   “Legal representative” means an individual's personal representative, guardian or conservator;   “Member of the minor's family” means the minor's parent, stepparent, spouse, grandparent, brother, sister, uncle, or aunt, whether of the whole or half blood or by adoption;   “Minor” means an individual who has not attained twenty-one (21) years of age, although the minor may already be of legal age;   “Person” means an individual, corporation, organization, or other legal entity;   “Personal representative” means an executor, administrator, successor personal representative, or special administrator of a decedent's estate or a person legally authorized to perform substantially the same functions;   “Qualified minor’s trust” means any trust, including a trust created by the custodian, that satisfies the requirements of federal Internal Revenue Code § 2503(c) (26 U.S.C. § 2503(c)), and the regulations implementing that section;   “State” includes any state of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any territory or possession subject to the legislative authority of the United States;   “Transfer” means a transaction that creates custodial property under this chapter;   “Transferor” means a person who makes a transfer under this chapter; and   “Trust company” means a financial institution, corporation, or other legal entity, authorized to exercise general trust powers.
TN Code § 35-7-103 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-103. Scope and Jurisdiction

  This chapter applies to a transfer made on or after October 1, 1992, that refers to this chapter in the designation by which the transfer is made, if at the time of the transfer, the transferor, the minor, or the custodian is a resident of this state or the custodial property is located in this state. The custodianship so created remains subject to this chapter despite a subsequent change in residence of a transferor, the minor, or the custodian, or the removal of custodial property from this state.   A person designated as custodian under this chapter is subject to personal jurisdiction in this state with respect to any matter relating to the custodianship.   A transfer that purports to be made and that is valid under the Uniform Transfers to Minors Act, the Uniform Gifts to Minors Act, or substantially similar act, of another state is governed by the law of the designated state and may be executed and is enforceable in this state, if at the time of the transfer, the transferor, the minor, or the custodian is a resident of the designated state or the custodial property is located in the designated state.   This chapter shall not be construed as an exclusive method for making gifts or other transfers to minors.
TN Code § 35-7-104 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-104. Nomination of Custodian

  A person having the right to designate the recipient of property transferable upon the occurrence of a future event may revocably nominate a custodian to receive the property for a minor beneficiary upon the occurrence of the event by naming the custodian followed in substance by the words “as custodian for  (name of minor) under the Tennessee Uniform Transfers to Minors Act.” The nomination may name one (1) or more persons as substitute custodians to whom the property must be transferred, in the order named, if the first nominated custodian dies before the transfer or is unable, declines, or is ineligible to serve. The nomination may be made in a will, a trust, a deed, an instrument exercising a power of appointment, or in a writing designating a beneficiary of contractual rights which is registered with or delivered to the payor, issuer, or other obligor of the contractual rights.   A custodian nominated under this section must be a person to whom a transfer of property of that kind may be made under § 35-7-110(a).   The nomination of a custodian under this section does not create custodial property until the nominating instrument becomes irrevocable or a transfer to the nominated custodian is completed. Unless the nomination of a custodian has been revoked, upon the occurrence of the future event, the custodianship becomes effective and the custodian shall enforce a transfer of the custodial property pursuant to § 35-7-110.
TN Code § 35-7-105 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-105. Transfer by Gift or Exercise of Power of Appointment

 A person may make a transfer by irrevocable gift to, or the irrevocable exercise of a power of appointment in favor of, a custodian for the benefit of a minor pursuant to § 35-7-110.
TN Code § 35-7-106 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-106. Transfer Authorized by Will or Trust

  A personal representative or trustee may make an irrevocable transfer pursuant to § 35-7-110, to a custodian for the benefit of a minor as authorized in the governing will or trust or by a judicial order.   If the testator or settlor has nominated a custodian under § 35-7-104, to receive the custodial property, the transfer must be made to that person.   If the testator or settlor has not nominated a custodian or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, the personal representative or the trustee, as the case may be, shall designate the custodian from among those eligible to serve as custodian for property of that kind under § 35-7-110(a).
TN Code § 35-7-107 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-107. Other Transfer by Fiduciary

  Subject to subsection (c), a personal representative or trustee may make an irrevocable transfer to another adult or trust company as custodian for the benefit of a minor pursuant to § 35-7-110, in the absence of a will or under a will or trust that does not contain an authorization to do so.   Subject to subsection (c), a guardian may make an irrevocable transfer to another adult or trust company as custodian for the benefit of the minor pursuant to § 35-7-110.   A transfer under subsection (a) or (b) may be made only if:  The personal representative, trustee, or guardian considers the transfer to be in the best interest of the minor;   The transfer is not prohibited by or inconsistent with provisions of the applicable will, trust agreement, or other governing instrument; and   The transfer is authorized by the court if it exceeds twenty-five thousand dollars ($25,000) in value.
TN Code § 35-7-108 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-108. Transfer by Obligor

  Subject to subsections (b) and (c), a person not subject to § 35-7-106 or § 35-7-107, who holds property of, or owes a liquidated debt or judgment to, a minor not having a guardian may make an irrevocable transfer to a custodian for the benefit of the minor pursuant to § 35-7-110.   If a person having the right to do so under § 35-7-104 has nominated a custodian under this chapter to receive the custodial property, the transfer must be made to that person.   If no custodian has been nominated, or all persons so nominated as custodian die before the transfer or are unable, decline, or are ineligible to serve, a transfer under this section may be made to an adult member of the minor's family or to a trust company unless the property exceeds twenty-five thousand dollars ($25,000) in value. If the transfer exceeds twenty-five thousand dollars ($25,000) in value, it may be made only if it is authorized by the court.
TN Code § 35-7-109 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-109. Receipt for Custodial Property

 A written acknowledgment of delivery by a custodian constitutes a sufficient receipt and discharge for custodial property transferred to the custodian pursuant to this chapter.
TN Code § 35-7-111 (2021)
2021 Tennessee Code|Title 35 - Fiduciaries and Trust Estates|Chapter 7 - Tennessee Uniform Transfers to Minors Act|§ 35-7-111. Transfers — Single and Joint Custodians

 A transfer may be made only for one (1) minor, and up to two (2) persons may be the custodians. All custodial property held under this chapter by the same custodian or custodians for the benefit of the same minor constitutes a single custodianship. If more than one (1) person is appointed a custodian, such persons shall act as joint custodians under this chapter and, unless specified in any document creating the custodial property, each joint custodian shall have full power and authority to act alone with respect to the custodial property. If either joint custodian resigns, dies, becomes incapacitated or is removed, then the remaining one (1) of them may serve as sole custodian without the necessity of appointing a successor joint custodian.