reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-117 - Form of certificate of probate

If the subscribing witnesses appear before the clerk or deputy clerk of any county of the state, and prove the facts necessary to authenticate the instrument, the clerk shall write on the back or some other part of the instrument the following certificate:
State of Tennessee )
County of ______________ )
Personally appeared before me, ______________, clerk (or deputy clerk) of the county of ______________ aforementioned, ______________ and ______________, subscribing witnesses to the within deed, who, being first sworn, deposed and said that they are acquainted with ______________, the bargainor (or as the case may be), and that the bargainor acknowledged the same, in their presence, to be the bargainor's act and deed upon the day it bears date (or stating the time as proved by the witnesses).
Witness my hand, at office, this ____________________ day of ______________, 20____________________.
Code 1858, § 2058 (deriv. Acts 1831, ch. 90, § 2); Shan., § 3735; Code 1932, § 7650; impl. am. Acts 1978, ch. 934, §§22, 36; T.C.A. (orig. ed.), § 64-2317.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-118 - Certificate adapted to mode of proof

The certificate of probate shall be varied so as to adapt it to the various modes of proof prescribed in this chapter.
Code 1858, §2066; Shan., § 3743; Code 1932, § 7658; T.C.A. (orig. ed.), § 64-2318.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-119 - Annexed papers when proof made in foreign court

If the instrument is proved by procuring the testimony of the witnesses to be entered of record in a court of record in one (1) of the United States or of a foreign country, there shall be endorsed upon or annexed to the deed a copy of the probate from the record, certified by the clerk or keeper of the records, under that officer's official seal, if there is one, or if not, under that officer's private seal, and the official character of the clerk or keeper of the records shall be certified by the presiding judge of the court.
Code 1858, § 2067 (deriv. Acts 1809 (Sept.), ch. 104); Shan., § 3744; Code 1932, § 7659; T.C.A. (orig. ed.), § 64-2319.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 23 - AUTHENTICATION OF INSTRUMENTS BY WITNESSES (§§ 66-23-101 — 66-23-120) › Section 66-23-120 - Facts shown in foreign certificate of probate

If the probate is taken outside the state, the certificate shall show the capacity in which the person who took the probate acted, and the state in which the probate was taken.
Code 1858, §2068; Shan., § 3745; Code 1932, § 7660; T.C.A. (orig. ed.), § 64-2320.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-102 - Certificates registered

With the deed or instrument shall be registered all certificates of probate or acknowledgment, with the certificates for the authentication thereof, any commission to take acknowledgment or examination, and any correction made of the certificates as provided in this chapter.
Code 1858, § 2031 (deriv. Acts 1807, ch. 85, § 3; 1831, ch. 90, § 5); Shan., § 3698; Code 1932, § 7622; T.C.A. (orig. ed.), § 64-2402.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-103 - Conveyances of land

If the instrument be a conveyance, or for the conveyance, of land, it shall be registered in the county where the land lies, unless it lies partly in two (2) or more counties, and then it may be registered in either; and where it contains several tracts of land, lying in different counties, it shall be registered in each of the counties where any of the tracts lie.
Code 1858, § 2032 (deriv. Acts 1831, ch. 90, § 5); Shan., § 3705; Code 1932, § 7625; T.C.A. (orig. ed.), § 64-2403.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-104 - Conveyances of personal property

All deeds, bills of sale, agreements, and other instruments for the conveyance or mortgage of personal property shall be registered in the county where the vendor or person executing the same resides, and, in case of nonresidence of the vendor or the person executing, where the property is.
Code 1858, § 2033 (deriv. Acts 1805, ch. 16, § 2; 1831, ch. 90, § 5); Shan., § 3706; Code 1932, § 7626; T.C.A. (orig. ed.), § 64-2404.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-105 - Marriage settlements

Deeds for the settlement of personal property, in consideration of marriage, shall be registered in the county where the grantor or bargainor resides.
Code 1858, § 2034 (deriv. Acts 1805, ch. 16, § 2); Shan., § 3707; mod. Code 1932, § 7627; T.C.A. (orig. ed.), § 64-2405.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-106 - Marriage contracts settling property on wife

(a)
Marriage contracts or agreements in which the wife's property, before marriage, is settled on her or a trustee for her use, shall be registered in the county where the husband resides at the time of marriage, and in every county in the state to which he may remove with the property; and if the contract or agreement be made without the limits of the state, they shall be registered in every county in the state to which the husband and wife removed with the property.
(b)
In case of realty, registration shall be also in the county where it lies.
Code 1858, § 2035 (deriv. Acts 1831, ch. 90, § 5); Shan., § 3708; mod. Code 1932, § 7628; T.C.A. (orig. ed.), § 64-2406.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-107 - Registration of certified copies from previous registration

Where any deed of conveyance, or any power of attorney to convey, in which more than one (1) tract of land is conveyed or to be conveyed, lying in different counties, with the proper probates, has been registered in any county in which one (1), or more, of the tracts lies or where any such judgment or decree has been so recorded, it shall be lawful for any one interested therein, to have registered in the county or counties in which the other tract or tracts are situated, a copy of the deed of conveyance or power of attorney and certificate of probate, or judgment or decree, certified by the register of the county in which the deed of conveyance, power of attorney, judgment or decree may have been thus registered; and such registration shall be valid, and a copy thereof shall be received as evidence as if such registration had been of the original.
Acts 1875, ch. 124, § 1; 1905, ch. 112, § 1; Shan., §§ 3711, 3711a1; mod. Code 1932, § 7629; T.C.A. (orig. ed.), § 64-2407.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-108 - Reregistration after destruction of records

In all cases where the records of any register's office in any county have been, or may hereafter be, destroyed or mutilated by fire, or otherwise, the holder of any deed or instrument of which the record wherein it was originally registered has been destroyed or mutilated may have the same registered in the register's office of the county.
Acts 1895, ch. 24, § 1; Shan., § 3699; Code 1932, § 7623; T.C.A. (orig. ed.), § 64-2408.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-109 - Fees for reregistration or rerecording

The register registering or recording such deeds or other instruments in writing heretofore recorded shall be entitled to demand and receive for such register's services compensation in accordance with the schedule set forth in §
8-21-1001
; provided, that nothing in this section shall be construed as authorizing or requiring the payment or collection of any additional transfer or other tax as a condition of such reregistration or rerecording.
Acts 1895, ch. 24, § 2; Shan., § 3700; mod. Code 1932, § 7624; modified; T.C.A. (orig. ed.), § 64-2409; Acts 1983, ch. 475, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-110 - Recitals on instrument required for registration

(a)
(1)
No instrument in writing affecting interests in real property, excepting instruments releasing liens on real property, shall be registered unless it contains a recital designating the deed, will, court decree or other source from which the grantor received the equitable interest.
(2)
If the source of equitable interest is a deed or other instrument recorded in the register's office or a will or court decree of record in the county, the type of instrument, office, book and page number of such instrument shall be recited on the instrument offered for registration.
(3)
If the source of equitable title is inheritance under the laws of intestate succession, then it shall be recited that the grantor took title by inheritance and the last recorded instrument conveying the equitable interest shall be named with the office, book and page number where such instrument is recorded.
(4)
If no such preceding instrument has been recorded, the instrument shall so recite.
(5)
No instrument releasing a lien on real property shall be registered unless it contains a recital designating the type of instrument, office, book and page number of the instrument which created the lien being released.
(b)
The recital required by this section shall be prepared and entered on each instrument required to be registered by the preparer of such instrument; provided, however, that if the deed or other instrument from which the grantor received the equitable interest is received by the register simultaneously with the instrument upon which the recital is required, then the preparer shall leave blanks in the recital for the book and page number or other appropriate reference and the register of deeds shall enter the appropriate reference after the deed or other instrument has been recorded.
Acts 1915, ch. 25, § 1; Shan., § 3704a5; mod. Code 1932, § 8085; Acts 1981, ch. 398, §§ 1, 2; T.C.A. (orig. ed.), § 64-2410; Acts 1986, ch. 741, § 1; 1987, ch. 396, § 1; 2001, ch. 134, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-112 - Validity of registration unaffected by noncompliance

Nothing in this chapter shall be construed to prohibit the registration of instruments otherwise required by law to be registered, in the absence of a previously registered instrument respecting the property or subject matter embraced in the instrument delivered for registration; provided, that a failure of the record to show a compliance with the requirements of this chapter shall in nowise affect the validity of the registration of any registered instrument.
Acts 1915, ch. 25, § 3; Shan., § 3704a7; mod. Code 1932, § 8087; T.C.A. (orig. ed.), § 64-2412; Acts 1983, ch. 475, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-113 - Metropolitan identification map

(a)
Where any metropolitan government, as defined in §
7-1-101
, has adopted an official property identification map which assigns to each parcel of property a number or other identifying symbol for property within the area of the metropolitan government, every deed offered for recording shall show on its face the number or other identifying symbol of the parcel or parcels, or portions of parcels, being transferred or conveyed.
(b)
The county register shall not record any deed without such number or symbol appearing thereon, and, if the property is improved, a notation at the end of the legal description of such property indicating that the property is improved, followed by the house and/or street number and post-office address.
(c)
An official property identification map for the purpose of this section is defined to be a property map or maps, prepared by or for the local government, which identifies all parcels of land, which assigns a number or other identifying symbol to each parcel, which shows names of streets and public ways, and which by appropriate and specific reference thereto has been adopted by the governing body of the metropolitan government as its official property identification map.
Acts 1963, ch. 71, § 1; T.C.A., § 64-2413.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-114 - Names and addresses required on deeds

No deed of conveyance of real property, except for a deed of trust or mortgage, shall be received for recording by any register of deeds unless there shall be included thereon the name and address of a property owner and the name and address of the person or entity responsible for the payment of the real property taxes.
Acts 1973, ch. 287, § 1; 1975, ch. 201, § 1; T.C.A., § 64-2414; Acts 1986, ch. 563, § 1; 1987, ch. 187 § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-115 - Name of preparer of instrument

(a)
(1)
No instrument by which the title to real estate or personal property, or any interest therein, or lien thereon, is conveyed, created, encumbered, assigned or otherwise affected, or disposed of, nor any power of attorney, including, but not limited to, any durable power of attorney for health care, shall be received for record, or filing, by the county register unless the name and address of the person or the governmental agency, if any, that prepared such instrument, appears within the instrument, and such name is either printed, typewritten, stamped, or signed in a legible manner.
(2)
An instrument will be in compliance with this section if it contains a statement in the following form: "This instrument was prepared by (name) ______________ (address) ______________"; provided, that the receiving for record, or filing, of any such instrument by the county register without complying with this section shall not prevent the instrument from becoming notice as now provided by law.
(b)
This section does not apply to any instrument executed prior to July 1, 1965, nor to any decree, order, judgment, writ of any court, will or death certificate.
(c)
This section shall not apply to any Uniform Commercial Code instrument, including instruments intended as or that relate to a fixture filing pursuant to §
47-9-502
.
Acts 1965, ch. 363, § 1; T.C.A., § 64-2417; Acts 1999, ch. 105, §§ 1, 2; 2012 , ch. 707, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-116 - Filing and recording restrictions for maps, plats and surveys

(a)
It is unlawful for the recorder of deeds of any county or any proper public authority to file on record any map, plat, survey, or other document within the definition of land surveying which does not have impressed thereon, and affixed thereto, the personal signature and seal of a registered land surveyor, licensed to survey by title 62, chapter 18, or a registered engineer by whom the map, plat, survey or other document was prepared; except that any plat, map, survey or other document covered under this chapter and which was prepared prior to May 7, 1969, may be recorded by the recorder of deeds.
(b)
Instruments shall not be accepted for registration unless, in the opinion of the register to which the instrument is presented for recording, the map, plat or survey distinctly shows all words and figures necessary for clear and accurate determination of all metes, bounds, bearings, calls, easements or other information sought to be shown with sufficient clarity for reduction and/or reproduction in the register's office.
(c)
However, nothing in this section shall be construed as precluding the transfer of title nor the recording of any instrument evidencing such transfer between a willing buyer and a willing seller without survey nor shall this section preclude the use of an earlier recorded survey.
Acts 1969, ch. 207, § 17; 1971, ch. 337, § 1; T.C.A., § 64-2418.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-118 - Deed endorsements regarding deposit of hazardous wastes - Definitions

(a)
The register shall, upon receiving notification from the commissioner of environment and conservation that hazardous wastes have been landfilled on property in the county, enter or endorse on the deed the following:
(1)
The hazardous wastes which are disposed of on such property;
(2)
The date of the notification of such disposal by the commissioner;
(3)
The date of the register's entry or endorsement; and
(4)
The official signature of the register.
(b)
The entry or endorsement shall be substantially as follows:
The commissioner of environment and conservation has determined that the following types of hazardous wastes have been or will be landfilled on this property ______________ and has notified this office of such disposal on (month), (day), (year).
This ____________________ day of ____________________, 20____________________, ______________ Register.
(c)
The register shall record in the lien books such notifications received from the commissioner.
(d)
As used in this section:
(1)
"Landfilled" includes the disposal of such wastes in any settlement pond or lagoon which is not regulated by the division of water quality control and also includes disposal by open dumping; and
(2)
"Open dumping" means the depositing of solid wastes into a body or stream of water or onto the surface of the ground without compacting the waste and covering with suitable materials as prescribed in the regulations of the department of environment and conservation.
(e)
This section is to be administered by the division of solid waste management in the department of environment and conservation.
Acts 1979, ch. 382, § 2; T.C.A., § 64-2423; Acts 1992, ch. 693, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-119 - Judgments and writs affecting real estate

Judgments, attachments, orders, injunctions, and other writs affecting title, use or possession of real estate, issued by any court shall be effective against any person having, or later acquiring, an interest in such property who is not a party to the action wherein such judgment, attachment, order, injunction, or other writ is issued only after an appropriate copy or abstract, or a notice of lis pendens, is recorded in the register's office of the county wherein the property is situated. If an abstract is used, the contents shall be as prescribed in §
25-5-108
.
Acts 1984, ch. 603, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-120 - Development and sale of real property for residential or commercial purposes in a manner exempt from municipal or county subdivision regulations - Required recording of boundary survey - Failure to comply

(a)
If any person develops real property for residential or commercial purposes in a manner which exempts such development from the subdivision regulations of any county or municipality and then sells, transfers or enters into agreements or contracts for the sale of more than two (2) parcels of real property in such development in any calendar year, then such person must record a boundary survey showing the proposed development of the land within thirty (30) days of the sale of the second such parcel of real property.
(b)
Prima facie evidence of such development includes, but is not limited to, the construction of buildings, the opening of private driveways or the extension of utility services.
(c)
There is hereby created a civil cause of action for failure to record a boundary survey showing the proposed development of land as provided in this section for any person who discovers such noncompliance. A prevailing plaintiff shall be entitled to liquidated damages in an amount of one hundred dollars ($100) or the cost of obtaining a survey on such property, whichever is greater, plus reasonable attorneys' fees and costs.
(d)
This section shall only apply in counties having a population of not less than twenty-one thousand five hundred seventy-five (21,575) nor more than twenty-one thousand six hundred seventy-five (21,675) according to the 1980 federal census or any subsequent federal census.
Acts 1990, ch. 667, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-121 - Name, address and license number of surveyor required on certain instruments for registration - Exceptions - Failure to comply

(a)
No deed of conveyance of real property, except for a deed of trust or mortgage, shall be prepared unless there is included at the end of the legal description the name, license number and address of the surveyor who prepared the boundary survey from which the description was prepared. However, if no boundary survey was made at the time of conveyance and the legal description is different from the previous deed of record, the source of the new description shall be indicated. If the legal description is the same as in the previous deed of record, it shall be so stated.
(b)
A failure to comply with the requirements of this section shall not affect the validity of the registration of any registered instrument.
Acts 1991, ch. 432, § 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 1 - GENERAL PROVISIONS (§§ 66-24-101 — 66-24-123) › Section 66-24-122 - Parcel identification number or affidavit required on deed

(a)
A deed or other instrument transferring ownership of real property, but not including a deed of trust or mortgage, shall indicate the parcel identification number assigned by the county assessor of property or a sworn affidavit that such information was requested from the assessor and was not furnished promptly. The registrar of deeds shall accept no deed or other such instrument for recordation unless such information or affidavit is contained on the deed or other such instrument.
(b)
Nothing contained within this section shall be construed to affect the validity of the underlying transfer or conveyance. If a deed or other instrument is accepted for recordation which does not contain the required parcel identification number or affidavit as aforementioned, then the deed or instrument shall be recorded, and the absence of such number or statement shall in no way affect the preference, priority or legal validity of such deed or other evidence of transfer or the legal validity of the recording of the deed or instrument.
(c)
Nothing contained within this section shall be construed to affect the validity of the underlying transfer or conveyance. If, through error of the registrar of deeds, a deed or other evidence is accepted for recordation and does not contain the required parcel identification number or derivation clause, then the deed or instrument shall be recorded, and the absence of such number or clause shall in no way affect the preference, priority or legal validity of such deed or other evidence of transfer.
Acts 1990, ch. 933, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 66-24-201 — 66-24-206) › Section 66-24-201 - Short title

This part shall be known and may be cited as the "Uniform Real Property Electronic Recording Act."
Acts 2007, ch. 420, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 66-24-201 — 66-24-206) › Section 66-24-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Digitized image" means an electronic document that is created as an electronic copy of a paper document that accurately depicts the information on the paper document and is unalterable;
(2)
"Document" means information that is:
(A)
Inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form; and
(B)
Eligible to be recorded in the land records maintained by the county register;
(3)
"Electronic" means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities;
(4)
"Electronic document" means a document that is received by the county register in an electronic form;
(5)
"Electronic signature" means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document;
(6)
"Paper document" means a document that is received by the county register of deeds in a form that is not electronic;
(7)
"Person" means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, government, or governmental subdivision, agency, or instrumentality, or any other legal or commercial entity;
(8)
"State" means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States; and
(9)
"Wet Signature" means a signature affixed in ink or pencil or other material to a paper document.
Acts 2007, ch. 420, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 66-24-201 — 66-24-206) › Section 66-24-203 - Validity of electronic documents

(a)
If a law requires, as a condition for recording, that a document be an original, be on paper or another tangible medium, or be in writing, the requirement is satisfied by an electronic document satisfying this part.
(b)
If a law requires, as a condition for recording, that a document be signed, the requirement is satisfied by an electronic signature or a digitized image of a wet signature.
(c)
A requirement that a document or a signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature or a digitized image of a wet signature of the person authorized to perform that act, and all other information required to be included, is attached to or logically associated with the document or signature. A physical or electronic image of a stamp, impression, or seal need not accompany an electronic signature.
(d)
(1)
A county register may receive for registration any electronic document that is created by making a digitized image of an original paper document that is eligible for registration, and beginning July 1, 2007, has the certification required by §
66-24-101(d)
.
(2)
All recordings of electronic documents eligible for registration pursuant to this subsection (d) are validly registered when accepted for recording by the county register. Electronic documents registered by county registers prior to July 1, 2007, shall be considered validly registered.
Acts 2007, ch. 420, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 66-24-201 — 66-24-206) › Section 66-24-204 - Authority of county register

(a)
A county register:
(1)
Who implements any of the functions listed in this section shall do so in compliance with standards established by the information systems council established under §
4-3-5501
;
(2)
May receive, index, store, archive, and transmit electronic documents;
(3)
May provide for access to, and for search and retrieval of, documents and information by electronic means;
(4)
Who accepts electronic documents for recording shall continue to accept paper documents as authorized by state law and shall place entries for both types of documents in the same index;
(5)
May convert paper documents accepted for recording into electronic form;
(6)
May convert into electronic form information recorded before the county register began to record electronic documents;
(7)
May accept electronically any fee or tax that the county register is authorized to collect;
(8)
May agree with other officials of a state or a political subdivision of a state, or of the United States, on procedures or processes to facilitate the electronic satisfaction of prior approvals and conditions precedent to recording and the electronic payment of fees and taxes; and
(9)
May refuse to record any document transmitted electronically to the county register for recording under this part on and after July 1, 2007, that does not comply with §
66-24-101
.
(b)
Any electronic documents or digitized images accepted by the county register prior to July 1, 2007, are deemed to be recorded properly and to impart constructive notice.
Acts 2007, ch. 420, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 66-24-201 — 66-24-206) › Section 66-24-205 - Administration and standards

(a)
The information systems council shall adopt standards to implement this part.
(b)
To keep the standards and practices of county registers in this state in harmony with the standards and practices of recording offices in other jurisdictions that enact substantially this part and to keep the technology used by county registers in this state compatible with technology used by recording offices in other jurisdictions that enact substantially this part, the information systems council so far as is consistent with the purposes, policies, and provisions of this part, in adopting, amending, and repealing standards shall consider:
(1)
Standards and practices of other jurisdictions;
(2)
The most recent standards promulgated by national standard-setting bodies, such as the Property Records Industry Association;
(3)
The views of interested persons and governmental officials and entities;
(4)
The needs of counties of varying size, population, and resources; and
(5)
Standards requiring adequate information security protection to ensure that electronic documents are accurate, authentic, adequately preserved, and resistant to tampering.
Acts 2007, ch. 420, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 24 - REGISTRATION OF INSTRUMENTS (§§ 66-24-101 — 66-24-206) › Part 2 - UNIFORM REAL PROPERTY ELECTRONIC RECORDING ACT (§§ 66-24-201 — 66-24-206) › Section 66-24-206 - County registers not required to receive electronic documents

Nothing in this part, or any other law, shall be construed to require county registers to receive a document electronically.
Acts 2007, ch. 420, § 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 1 - IN GENERAL (§§ 66-25-101 — 66-25-107) › Section 66-25-101 - Requirements for record of release

(a)
When a debt secured by a mortgage, deed of trust, or by lien retained in a deed of conveyance of land or bill of sale, or other instrument, has been fully paid or satisfied, the mortgagee, transferee, or assignee of the mortgagee or the legal holder of the debt secured by deed of trust or lien, who has received payment or satisfaction of the debt, must satisfy the record by a formal deed of release.
(b)
In any county having a population of not less than thirty-two thousand six hundred (32,600) nor more than thirty-two thousand seven hundred (32,700), according to the 1980 federal census or any subsequent federal census the record may be satisfied by entry on the margin of the record of the mortgage, deed of trust, deed or other instrument.
Acts 1907, ch. 473, § 1; Shan., § 3704a1; mod. Code 1932, § 8070; T.C.A. (orig. ed.), § 64-2501; Acts 1988, ch. 636, § 12; 1990, ch. 902, § 3.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 1 - IN GENERAL (§§ 66-25-101 — 66-25-107) › Section 66-25-102 - Penalty for failure to release

(a)
If the holder of any debt secured by real property situated in this state fails to enter a proper release of record after having been fully paid or satisfied within forty-five (45) days from the receipt of a written request from the party making such payment, including, but not limited to, the maker, the mortgagor, the purchaser of the property covered by such instrument or any closing agent or attorney who has collected and transmitted funds for such payment, the holder of the debt shall forfeit to the party making such request the sum of one hundred dollars ($100).
(b)
If the indebtedness is not released within the forty-five-day period provided in subsection (a), the party having requested the release shall again request the release, and, if after thirty (30) days from the second request, the indebtedness has not been released, the holder shall forfeit to the party making the request a sum not to exceed one thousand dollars ($1,000).
(c)
In the event suit is instituted to collect either or both of the forfeitures, the holder shall also be liable to the party instituting suit for all reasonable expenses, attorney fees, and the court costs incurred in the action.
Acts 1907, ch. 473, § 1; Shan., § 3704a1; mod. Code 1932, § 8070; Acts 1977, ch. 260, § 1; T.C.A. (orig. ed.), § 64-2502; Acts 1994, ch. 718, §§ 1, 2.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 1 - IN GENERAL (§§ 66-25-101 — 66-25-107) › Section 66-25-104 - Right to forfeiture not lost by transfer of property

The right of action for forfeiture provided by §§
66-25-102
and
66-25-103
shall be considered as a personal right, and shall not be lost or waived by the sale of the property covered by the mortgage, or deed of trust, or other lien before a demand was made for a release on the records.
Acts 1907, ch. 473, § 4; Shan., § 3704a4; mod. Code 1932, § 8072; T.C.A. (orig. ed.), § 64-2504.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 1 - IN GENERAL (§§ 66-25-101 — 66-25-107) › Section 66-25-105 - Partial or full payment - Extent of satisfaction and discharge

A partial or full payment to the mortgage lender of record on a debt secured by a mortgage or deed of trust shall be a satisfaction and discharge against the mortgagee, or the assignee or transferee of a debt secured by such instrument, as to the amount of such payment.
Acts 1999, ch. 95, § 1.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 1 - IN GENERAL (§§ 66-25-101 — 66-25-107) › Section 66-25-106 - Costs paid by lienor - Fees

(a)
All costs of making entry of partial or entire payments upon the record, or for registering a formal release, shall be paid by the holder of the debt secured by the mortgage, deed of trust, or other lien.
(b)
Notwithstanding the obligation of the holder of the debt to make the payment of costs set forth in subsection (a), the holder may assess and collect fees from the borrower of the debt secured by the mortgage, deed of trust, or other lien for all anticipated or actual costs to make entry of partial or entire payments upon the record, or for registering a formal release.
Amended by 2023 Tenn. Acts, ch. 28, s 3, eff. 3/10/2023.
Acts 1907, ch. 473, § 3; Shan., § 3704a3; mod. Code 1932, § 8073; T.C.A. (orig. ed.), § 64-2520; T.C.A., §
66-25-115
.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 1 - IN GENERAL (§§ 66-25-101 — 66-25-107) › Section 66-25-107 - Release or modification of lien by holder of indebtedness

Notwithstanding any other provision of this code, any mortgage, deed of trust, deed, or other instrument securing a debt, may be released or modified by the legal holder of the debt secured thereby without the necessity of execution of the release instrument, marginal release, or modification instrument or joinder therein by the trustee under a deed of trust or by other party holding legal title similar to that of the trustee under a deed of trust.
Acts 1996, ch. 670, § 1; T.C.A., §
66-25-116
.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-201 - Marginal release authorized

The release on satisfaction of any debt, contract or obligation, secured by mortgage or deed of trust, liens retained upon the face of any deed or conveyance, or any other lien, evidenced by written instrument, probated and registered according to law, and the discharge of any such mortgage, deed of trust, or other lien, may be acknowledged by the payee, creditor, obligee, or holder of such debt, contract, or obligation, or by such person's true and lawful assignee, or by the personal representative of such holder, or the assignee of such representative, by an entry, subscribed in the presence of the register of the county where any such instrument is lawfully registered, on the margin of the record thereof, or by execution in like manner of a statement of release in substantially the form prescribed in §
66-25-202
that may be recorded as a written release to allow for effecting the equivalent of a marginal release where microfilming or photocopy or other permanent recording processes are used, and where so done, the statement of release shall be filed and recorded by the register; provided, that the register is personally acquainted with such holder or person making such release, and shall subscribe the same as a witness, in authentication thereof, which the register's official signature shall conclusively imply. Any such entry, when made in accordance with §§
66-25-201
- 66-25-203, shall have the same effect as a deed of release or quitclaim, duly executed by the person making the release, authenticated and registered.
Acts 1990, ch. 902, § 6.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-202 - Form of marginal release

The release may be in substantially the following form:
I (or we), ____________________, declare that I am (or we are) the true and lawful holder (or holders) of the claim (or part of the claim, and specifying what part) secured by the instrument within recorded, and hereby acknowledge the satisfaction thereof and discharge of the lien to secure the same in full (or if one (1) part, or partial amount, state what part). This ____________________ day of ____________________ A.D. Attest as to A.B.; C.D., Register.
Acts 1990, ch. 902, § 7.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-203 - Execution of marginal release - Fee

The entry, except the signature of the person making the release and the attesting signature of the register or the register's deputy, shall be either in the handwriting of the register or the register's deputy or by stamp or both; provided, that the register may charge and collect for the register's services in making the entry, and officially authenticating the same, the sum of three dollars ($3.00).
Acts 1990, ch. 902, § 8.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-204 - Marginal release as part of record - Certified copies

(a)
Such marginal entry shall, from the time it is made, constitute a part of the record pertaining to such instrument, and shall constitute a part of any transcript of the same thereafter made and certified. Any person having lawful custody of the original instrument, with its certificate of registration, or of a certified transcript made before the release was recorded, may apply to the register who shall on payment of a fee of one dollar ($1.00) certify a true copy thereof upon the original instrument or certified copy previously made.
(b)
The release, duly certified in any of the methods mentioned in this section, shall be received in evidence in any court in any matter or litigation wherein the same may be material.
Acts 1990, ch. 902, § 9.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-205 - Production of instrument evidencing indebtedness before entry of marginal release

Any person appearing before the register for the purpose of making a release or partial release of any lien, on the margin opposite any such instrument of record in any book in the registry, shall produce and exhibit to the register, at the time of applying for such release, the original note or other instrument evidencing the indebtedness secured by the lien, or file an affidavit excusing the production thereof upon the ground that same has been lost, destroyed or mislaid, unintentionally.
Acts 1990, ch. 902, § 10.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-206 - Endorsement as to marginal release on face of instrument

(a)
It is the duty of the register, or the register's deputy, in case such original instrument is produced, to write or stamp, or both, across its face, and to sign officially, a certificate, properly dated, showing that the same has been released, wholly or partially, as the case may be, and specifying the book and page where the release appears.
(b)
The certificate may be, substantially, in the following form:
The lien securing this instrument was duly released (in whole or in part, specifying the extent), as appears of record in Deed Book (or Trust Book) ____________________, page ____________________, in the office of the undersigned.
This ____________________ day of ____________________, 20____________________.
______________ County Register
Acts 1990, ch. 902, § 11.
2023 Tennessee Code › Title 66 - PROPERTY (§§ 66-1-101 — 66-38-101) › Chapter 25 - RELEASE OF LIENS CREATED BY WRITTEN INSTRUMENTS (§§ 66-25-101 — 66-25-211) › Part 2 - MARGINAL RELEASE OF LIENS (§§ 66-25-201 — 66-25-211) › Section 66-25-207 - Affidavit in lieu of production of instrument

(a)
In case the lawful owner or holder of the instrument secured, as provided in this part, shall be unable to produce same at the time of making application for such release, on account of same having been lost, destroyed or mislaid, the lawful owner or holder of the instrument secured shall subscribe and swear to an affidavit, before the register or deputy, hereby duly authorized to administer such oaths, stating that such person is the true and lawful owner or holder of the instrument thereby secured, and stating briefly the facts which account for the inability of the owner or holder to produce such instrument.
(b)
The affidavit, excusing production, shall be substantially in the following form:
State of Tennessee
County of ______________
I, ______________, do hereby solemnly swear (or affirm) that I am the true and lawful owner or holder of the note (or other instrument) secured by a lien created by an instrument which is of record in Deed (or Trust) Book ____________________, page ____________________, of the register's office of ____________________ County, Tennessee; that I desire to make a marginal release of the lien securing the instrument (in whole or in part, as the case may be - specifying the extent); that the same has been fully paid (wholly or in part, as the case may be - specifying the extent) to me as such lawful owner and holder, and that I am unable to produce the original note (or other instrument) for the following reasons: (Here state briefly the facts showing why the secured instrument cannot be produced for cancellation, and that its loss, etc., was unintentional).
______________ Owner or Holder of Note
Sworn to and subscribed before me, this the ____________________ day of ____________________, 20____________________.
______________ Register or Deputy
(c)
Any person who shall willfully swear falsely in the affidavit is guilty of perjury, and liable to the penalty for perjury upon conviction.
(d)
The affidavit shall be filed with the register, and shall be recorded by the register in a well-bound book to be kept by the register in the register's office, and the original affidavit shall be filed and preserved as a record of the register's office.
(e)
In case the affidavit is made, the register shall charge a fee of one dollar ($1.00) for filing and recording the same, in addition to the register's fee for attesting the marginal release, these fees to be paid by the party making the release.
(f)
Upon the making of the affidavit, the register or the register's deputy shall permit a party to make the marginal release upon the record, where the original secured instrument is not produced, this release to be duly attested by the register or the register's deputy.
Acts 1990, ch. 902, § 12.