§ 35-5-101 Twenty days’ notice by publication
§ 35-5-102 Notice in newspaper not required
§ 35-5-103 Posting written notices
§ 35-5-104 Contents of advertisement or notice — Contents of deed memorializing sale
§ 35-5-105 Notice in writing if printer refuses
§ 35-5-106 Sale without advertisement is not void
§ 35-5-107 Effect of noncompliance with chapter
§ 35-5-108 Plan of division of land — Sale of portion of land
§ 35-5-109 Published ending time and published start time for auctions
§ 35-5-110 Bidding on land sales may be reopened by clerks — Court’s power not abridged
§ 35-5-111 State may bid at execution or judicial sales
§ 35-5-112 Auctioneer services and fee — Manner and method of sale of real property at discretion of court
§ 35-5-113 Auction sales in divorce proceedings
§ 35-5-114 Trustee’s attendance at foreclosure — Successor trustee
§ 35-5-115 Discovery proceedings for nonresidents
§ 35-5-116 Trustee as necessary party
§ 35-5-118 Deficiency judgment sufficient to fully satisfy indebtedness on real property after trustee’s or foreclosure sale
§ 35-5-119 Applicability of §§ 35-5-101(e), 35-5-104(a)(4) and (5), and 35-5-104(b).

Terms Used In Tennessee Code > Title 35 > Chapter 5

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
  • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
  • Attorney general: means the attorney general and reporter and any assistant thereto by whatever name known, any district attorney general and any assistant thereto by whatever name called, and any officer or full-time employee of the general assembly or any committee thereof established by statute, who is duly licensed to practice law in Tennessee, whose duty it is to provide facilities for drafting bills or to assist individual legislators in drafting bills or who renders legal advice and services to the members of the general assembly or committees thereof. See Tennessee Code 8-34-101
  • Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
  • Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
  • Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. Source: OCC
  • Board: means , unless otherwise indicated, the underground storage tanks and solid waste disposal control board established by §. See Tennessee Code 68-211-203
  • board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
  • Commissioner: means the commissioner of environment and conservation or the commissioner's authorized representative. See Tennessee Code 68-211-203
  • Commissioner: means any person in office as a member of the public service commission, as prescribed by title 65, chapter 1, prior to June 30, 1996. See Tennessee Code 8-34-101
  • Construction: means the erection, building, acquisition, alteration, reconstruction, improvement, or extension of energy recovery and/or energy recovery facilities, the engineering, architectural designs, plans, working drawings, specifications, procedures, and other action necessary in the construction of such facilities, and the inspection and supervision of the construction of such facilities. See Tennessee Code 68-211-501
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • County judge: means any person who is, or when such office existed was, a judge of a general sessions court, trial justice court, county chair, county judge, probate judge, or judge of a juvenile and/or domestic relations court, and whose compensation for such judicial service is paid wholly by a county of the state, or any person who is a county attorney who receives regular monthly or quarterly compensation from a county of the state, or any county manager or county administrator who receives regular monthly or quarterly compensation from a county of the state. See Tennessee Code 8-34-101
  • Covered generator: means any generator that:

    • (A) Employs ten (10) or more employees. See Tennessee Code 68-211-203

    • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
    • Deed: The legal instrument used to transfer title in real property from one person to another.
    • Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
    • Department: means the department of environment and conservation. See Tennessee Code 68-211-103
    • Department: means the department of environment and conservation. See Tennessee Code 68-211-203
    • Deposition: An oral statement made before an officer authorized by law to administer oaths. Such statements are often taken to examine potential witnesses, to obtain discovery, or to be used later in trial.
    • Discarded mercury-added consumer product: means a mercury-added consumer product that can, or will, no longer be used for its intended purpose as determined by its generator. See Tennessee Code 68-211-203
    • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
    • Dismissal: The dropping of a case by the judge without further consideration or hearing. Source:
    • Disposed of: means originally placed in a solid waste container whose contents are destined for delivery to a solid waste landfill for disposal or to an incinerator, boiler, or industrial furnace for burning. See Tennessee Code 68-211-203
    • Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. Source: U.S. Courts
    • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
    • Fair market value: The price at which an asset would change hands in a transaction between a willing, informed buyer and a willing, informed seller.
    • Fee: means the tire environmental fee created by this part. See Tennessee Code 68-211-302
    • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
    • Foreclosure: A legal process in which property that is collateral or security for a loan may be sold to help repay the loan when the loan is in default. Source: OCC
    • Fraud: Intentional deception resulting in injury to another.
    • Fund: means the tire environmental fund created by this part. See Tennessee Code 68-211-302
    • Gasification: means a process through which recoverable feedstocks are heated and converted into a fuel-gas mixture in an oxygen-deficient atmosphere and the mixture is converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel. See Tennessee Code 68-211-401
    • Gasification facility: means a manufacturing facility that is engaged solely in the storage and gasification of recoverable feedstocks for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities. See Tennessee Code 68-211-401
    • Generator: means the person who owns or otherwise controls the fate of a discarded mercury-added consumer product. See Tennessee Code 68-211-203
    • Habeas corpus: A writ that is usually used to bring a prisoner before the court to determine the legality of his imprisonment. It may also be used to bring a person in custody before the court to give testimony, or to be prosecuted.
    • Hazardous waste management facility: means :

      • (A) All contiguous land and structures, other appurtenances, and improvements on the land, used for treating, storing, transporting, or disposing of hazardous waste. See Tennessee Code 68-211-203

      • Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
      • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
      • Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
      • Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
      • Lien: A claim against real or personal property in satisfaction of a debt.
      • Litigation: A case, controversy, or lawsuit. Participants (plaintiffs and defendants) in lawsuits are called litigants.
      • Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
      • Mercury-added consumer product: includes , but is not limited to:

        • (i) Thermostats. See Tennessee Code 68-211-203

        • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
        • Month: means a calendar month. See Tennessee Code 1-3-105
        • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
        • Motor vehicle: means any vehicle that is self-propelled and designed to be used on public highways. See Tennessee Code 68-211-302
        • municipality: means any county, incorporated town or city, metropolitan government, or special district of this state, empowered to provide solid waste disposal services, or any not-for-profit corporation authorized by the laws of Tennessee to act for the benefit or on behalf of any one (1) or more of such local governments. See Tennessee Code 68-211-501
        • Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
        • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
        • Person: means any and all persons, natural or artificial, including any individual, firm or association, or municipal or private corporation organized or existing under the laws of this state or any other state, and any governmental agency or county of this state and any department, agency, or instrumentality of the executive, legislative, and judicial branches of the federal government. See Tennessee Code 68-211-203
        • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
        • Plaintiff: The person who files the complaint in a civil lawsuit.
        • Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
        • Probate: Proving a will
        • Property: includes both personal and real property. See Tennessee Code 1-3-105
        • Pyrolysis: means a process through which post-use polymers are heated in the absence of oxygen until melted and thermally decomposed, and then cooled, condensed, and converted into valuable raw, intermediate, and final products, including, but not limited to, monomers, chemicals, waxes, lubricants, chemical feedstocks, crude oil, diesel, gasoline, diesel and gasoline blendstocks, home heating oil, and other fuels including ethanol and transportation fuel. See Tennessee Code 68-211-401
        • Pyrolysis facility: means a manufacturing facility that is engaged solely in the storage and pyrolysis of post-use polymers for resale or reuse and that complies with statutes and rules applicable to recovered materials processing facilities. See Tennessee Code 68-211-401
        • Quorum: The number of legislators that must be present to do business.
        • real property: include lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
        • Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
        • Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
        • Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
        • Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
        • Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
        • Retirement system: means the Tennessee consolidated retirement system as defined in §§. See Tennessee Code 8-34-101
        • Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §§ 3-401 and 3-406. See Tennessee Code 8-34-101
        • Solid waste: means garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-103
        • Solid waste: means :

          • (i) Garbage, trash, refuse, abandoned material, spent material, byproducts, scrap, ash, sludge, and all discarded material including solid, liquid, semisolid, or contained gaseous material resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-203

          • Solid waste: means garbage, refuse, including, without limitations, recyclable materials when they become discarded, and other discarded solid waste materials, including waste materials of a solid nature resulting from industrial, commercial, and agricultural operations, and from community activities. See Tennessee Code 68-211-501
          • State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          • State: means the state of Tennessee. See Tennessee Code 8-34-101
          • Statute: A law passed by a legislature.
          • Tire: means a continuous solid or pneumatic rubber covering encircling the wheel of a motor vehicle. See Tennessee Code 68-211-302
          • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
          • Trustee: A person or institution holding and administering property in trust.
          • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
          • Universal waste: means any of the hazardous wastes listed in Tenn. See Tennessee Code 68-211-203
          • Universal waste destination facility: means a facility that treats, disposes of, or recycles universal waste, except those management activities described in Tenn. See Tennessee Code 68-211-203
          • Universal waste handler: means :

            • (i) Any person, by site, whose act or process produces universal waste or whose act causes universal waste to become subject to regulation. See Tennessee Code 68-211-203

            • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
            • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105