§ 4-48-101 Creation
§ 4-48-102 Membership
§ 4-48-103 Term of office
§ 4-48-104 Expenses
§ 4-48-105 Chair
§ 4-48-106 Executive director
§ 4-48-107 Responsibilities and duties
§ 4-48-108 Cooperation by other state entities
§ 4-48-109 Not-for-profit corporation to further purposes of commission

Terms Used In Tennessee Code > Title 4 > Chapter 48

  • Adjourn: A motion to adjourn a legislative chamber or a committee, if passed, ends that day's session.
  • Adjusted for inflation: means increased in accordance with the formula for inflation adjustment set forth in exhibit C to the master settlement agreement. See Tennessee Code 47-31-102
  • Administratrix: The female counterpart of an administrator. See also
  • Adult: means a person who has attained eighteen (18) years of age. See Tennessee Code 7-51-1401
  • Adult-oriented establishment: includes , but is not limited to:

    • (A) "Adult book stores" means any corporation, partnership or business of any kind that has as its principal or predominant stock or trade, books, magazines or other periodicals and that offers, sells, provides or rents for a fee:

      • (i) Is available for viewing by patrons on the premises by means of the operation of movie machines or slide projectors. See Tennessee Code 7-51-1401

      • 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.
      • Affiliate: means a person who directly or indirectly owns or controls, is owned or controlled by, or is under common ownership or control with, another person. See Tennessee Code 47-31-102
      • Agricultural land: means land used for agriculture, as defined in §. See Tennessee Code 47-32-102
      • Agriculture: means :

        • (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105

        • Allocable share: means allocable share as defined in the master settlement agreement. See Tennessee Code 47-31-102
        • Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
        • Amortization: Paying off a loan by regular installments.
        • Annual percentage rate: The cost of credit at a yearly rate. It is calculated in a standard way, taking the average compound interest rate over the term of the loan so borrowers can compare loans. Lenders are required by law to disclose a card account's APR. Source: FDIC
        • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
        • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
        • Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
        • Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
        • Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
        • Bestiality: means sexual activity, actual or simulated, between a human being and an animal. See Tennessee Code 7-51-1401
        • Borrower: means a natural person who occupies and owns in fee simple individually, or with another borrower as tenants by the entireties or as joint tenants with right of survivorship, an interest in residential real property securing a reverse mortgage loan, and who borrows money under a reverse mortgage loan. See Tennessee Code 47-30-102
        • Cigarette: includes "roll-your-own" (i. See Tennessee Code 47-31-102
        • clerk: as used in this part , includes "county clerk. See Tennessee Code 18-2-201
        • Clerk of court: An officer appointed by the court to work with the chief judge in overseeing the court's administration, especially to assist in managing the flow of cases through the court and to maintain court records.
        • Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
        • Commissioner: means the commissioner of financial institutions. See Tennessee Code 47-30-102
        • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
        • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
        • Continuance: Putting off of a hearing ot trial until a later time.
        • 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.
        • Counselor: means either:

          • (A) An individual who has completed a training curriculum on reverse mortgage counseling provided or approved by HUD and whose name is maintained on HUD's list of approved reverse mortgage counselors. See Tennessee Code 47-30-102

          • Credit limit: means the maximum amount of principal indebtedness which may be outstanding at any one time under a revolving credit agreement. See Tennessee Code 47-28-101
          • Creditor: includes a state or national bank, a state or federal savings and loan association, a savings bank, a registrant under the Industrial Loan and Thrift Companies Act, compiled in title 45, chapter 5, a state or federal credit union, or any other individual, partnership, trust, corporation, or other legal entity permitted or authorized to enter into credit transactions secured by a mortgage. See Tennessee Code 47-28-101
          • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
          • Decedent: A deceased person.
          • 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.
          • 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.
          • Disbursement of loan funds: means the delivery of the loan funds by the mortgage lender to the settlement agent in one (1) or more of the following forms:

            • (A) Cash. See Tennessee Code 47-32-102

            • Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
            • Docket: A log containing brief entries of court proceedings.
            • Equity share: means any compensation, in addition to interest that has accrued on the outstanding balance, that the borrower has paid or agrees to pay to the lender at maturity of a reverse mortgage loan, which is equal to a percentage of the value of the property securing a reverse mortgage loan at maturity. See Tennessee Code 47-30-102
            • Escrow: Money given to a third party to be held for payment until certain conditions are met.
            • 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.
            • Executor: includes an administrator, where the subject matter applies to an administrator. See Tennessee Code 1-3-105
            • Executrix: The female counterpart of an executor. See also
            • 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.
            • Fannie Mae: means The Federal National Mortgage Association, a corporation organized and existing under the laws of the United States. See Tennessee Code 47-30-102
            • Fannie Mae Reverse Mortgage Loan: means any reverse mortgage loan which complies with Fannie Mae guidelines and is purchased or securitized by Fannie Mae including a Home Keeper Mortgage Loan. See Tennessee Code 47-30-102
            • Fee simple: Absolute title to property with no limitations or restrictions regarding the person who may inherit it.
            • Felony: A crime carrying a penalty of more than a year in prison.
            • Financial institution: means a bank, savings and loan association, or credit union, the accounts of which are insured by the federal deposit insurance corporation or the national credit union administration. See Tennessee Code 47-32-102
            • 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.
            • Grand jury: agreement providing that a lender will delay exercising its rights (in the case of a mortgage,
            • 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
            • Home equity conversion mortgage loan: means a loan for a definite or indefinite term:

              • (A) Secured by a first mortgage or first deed of trust on the principal residence of the mortgagor. See Tennessee Code 47-30-102

              • HUD: means the United States department of housing and urban development. See Tennessee Code 47-30-102
              • In forma pauperis: In the manner of a pauper. Permission given to a person to sue without payment of court fees on claim of indigence or poverty.
              • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
              • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
              • 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
              • Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). Source: OCC
              • lender: means :

                • (A) A bank, savings and loan association, savings bank, savings institution, or credit union chartered under the laws of the United States or of Tennessee. See Tennessee Code 47-30-102

                • Lien: A claim against real or personal property in satisfaction of a debt.
                • Loan closing: means that time agreed upon by the borrower and lender, when the execution of the loan documents by the borrower occurs. See Tennessee Code 47-32-102
                • Loan documents: means the note evidencing the debt due the lender, the deed of trust, or mortgage securing the debt due to the lender, and any other documents required by the lender to be executed by the borrower as a part of the transaction. See Tennessee Code 47-32-102
                • Loan funds: means the gross or net proceeds of the loan to be disbursed by the lender, in one (1) of the forms identified in subdivision (3), at loan closing. See Tennessee Code 47-32-102
                • Masochism: means sexual gratification achieved by a person through, or the association of sexual activity with, submission or subjection to physical pain, suffering, humiliation, torture or death. See Tennessee Code 7-51-1401
                • Master settlement agreement: means the settlement agreement, and related documents, entered into in the fall of 1998 by the state and leading United States tobacco product manufacturers. See Tennessee Code 47-31-102
                • Metropolitan government: means the political entity created by consolidation of all, or substantially all, of the political and corporate functions of a county and a city or cities. See Tennessee Code 7-1-101
                • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
                • Misdemeanor: Usually a petty offense, a less serious crime than a felony, punishable by less than a year of confinement.
                • Mortgage: includes a mortgage, deed of trust, or other conveyance of real property securing obligations, except instruments creating or perfecting a security interest in fixtures which do not include other real property. See Tennessee Code 47-28-101
                • Mortgage: The written agreement pledging property to a creditor as collateral for a loan.
                • Mortgage: means a "mortgage" or "deed of trust" as defined in and allowed pursuant to §. See Tennessee Code 47-32-102
                • Mortgage lender: includes a "mortgage loan broker" and "mortgage loan servicer". See Tennessee Code 47-32-102
                • Mortgage loan: means any loan secured by a mortgage, intended for any purpose. See Tennessee Code 47-32-102
                • Mortgage loan: A loan made by a lender to a borrower for the financing of real property. Source: OCC
                • Mortgage loan broker: means any person who, for compensation or other gain, paid directly or indirectly, or in expectation of compensation or other gain, solicits, processes, places, negotiates or originates mortgage loans for others, or offers to solicit, process, place, negotiate or originate mortgage loans for others, or who close mortgage loans that may be in the mortgage loan broker's own name with funds provided by others and which loans are thereafter assigned to the person providing the funding of such loans. See Tennessee Code 47-32-102
                • Mortgage loan servicer: means any person who, in the regular course of business, assumes responsibility for servicing and accepting payments for a mortgage loan. See Tennessee Code 47-32-102
                • Mortgagee: The person to whom property is mortgaged and who has loaned the money.
                • Mortgagor: The person who pledges property to a creditor as collateral for a loan and who receives the money.
                • National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. Source: OCC
                • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
                • Oath: includes affirmation. See Tennessee Code 1-3-105
                • 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.
                • Open-end credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or revolving credit.) Source: OCC
                • Open-end credit agreement: means a revolving credit agreement that is secured by a mortgage and that is not entered into for commercial purposes. See Tennessee Code 47-28-101
                • Open-end mortgage: means a mortgage securing an open-end credit agreement. See Tennessee Code 47-28-101
                • Outstanding balance: means the current net amount of money owed by the borrower to the lender, calculated in accordance with §. See Tennessee Code 47-30-102
                • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
                • Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
                • Person: means an individual, partnership, limited partnership, firm, corporation or association. See Tennessee Code 7-51-1401
                • person: means an individual, partnership, committee, association, corporation or any other organization or group of persons. See Tennessee Code 47-31-102
                • Personal property: includes money, goods, chattels, things in action, and evidences of debt. See Tennessee Code 1-3-105
                • Personal 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
                • Plaintiff: The person who files the complaint in a civil lawsuit.
                • Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
                • Pleadings: Written statements of the parties in a civil case of their positions. In the federal courts, the principal pleadings are the complaint and the answer.
                • Probable cause: A reasonable ground for belief that the offender violated a specific law.
                • Probate: Proving a will
                • Probate court: means the court having jurisdiction over the administration of the estates of decedents. See Tennessee Code 1-3-105
                • Property: includes both personal and real property. See Tennessee Code 1-3-105
                • Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
                • 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
                • Released claims: means released claims as defined in the master settlement agreement. See Tennessee Code 47-31-102
                • Releasing parties: means releasing parties as defined in the master settlement agreement. See Tennessee Code 47-31-102
                • 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
                • Rescission: The cancellation of budget authority previously provided by Congress. The Impoundment Control Act of 1974 specifies that the President may propose to Congress that funds be rescinded. If both Houses have not approved a rescission proposal (by passing legislation) within 45 days of continuous session, any funds being withheld must be made available for obligation.
                • Reverse mortgage: means a mortgage or deed of trust securing a home equity conversion loan or reverse mortgage loan. See Tennessee Code 47-30-102
                • Reverse mortgage loan: means a home equity conversion mortgage loan issued under the terms of this chapter. See Tennessee Code 47-30-102
                • Revolving credit: A credit agreement (typically a credit card) that allows a customer to borrow against a preapproved credit line when purchasing goods and services. The borrower is only billed for the amount that is actually borrowed plus any interest due. (Also called a charge account or open-end credit.) Source: OCC
                • Revolving credit agreement: means a written agreement between a creditor and one (1) or more borrowers, under which:

                  • (A) It is contemplated that future advances of money or credit may be made on the request or demand of the borrower. See Tennessee Code 47-28-101

                  • Right of rescission: Right to cancel, within three business days, a contract that uses the home of a person as collateral, except in the case of a first mortgage loan. There is no fee to the borrower, who receives a full refund of all fees paid. The right of rescission is guaranteed by the Truth in Lending Act (TILA). Source: OCC
                  • Right of survivorship: The ownership rights that result in the acquisition of title to property by reason of having survived other co-owners.
                  • Sadism: means sexual gratification achieved through, or the association of sexual activity with, the infliction of physical pain, suffering, humiliation, torture or death upon another person or animal. See Tennessee Code 7-51-1401
                  • Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
                  • Securitized: means converting mortgages or deeds of trust into securities that may be purchased by investors. See Tennessee Code 47-30-102
                  • Service of process: The service of writs or summonses to the appropriate party.
                  • Settlement: means the time when the settlement agent has received the duly executed deed, loan funds, loan documents, and other documents and funds required to carry out the terms of the contract between the parties, and the settlement agent reasonably determines that prerecordation conditions of such contracts have been satisfied. See Tennessee Code 47-32-102
                  • Settlement: Parties to a lawsuit resolve their difference without having a trial. Settlements often involve the payment of compensation by one party in satisfaction of the other party's claims.
                  • Settlement agent: means the person, other than a mortgage lender, responsible for conducting the settlement and disbursement of the settlement proceeds, and includes any individual, corporation, partnership, or other entity conducting the settlement, collection and disbursement of loan proceeds. See Tennessee Code 47-32-102
                  • Sexually-oriented material: means any book, article, magazine, publication or written matter of any kind, drawing, etching, painting, photograph, motion picture film or sound recording that depicts sexual activity, actual or simulated, involving human beings or human beings and animals, that exhibits uncovered human genitals or pubic region in a lewd or lascivious manner, or that exhibits human male genitals in a discernibly turgid state, even if completely covered. See Tennessee Code 7-51-1401
                  • Shared appreciation: means an agreement by the lender and the borrower that, in addition to any interest accruing on the outstanding balance of a reverse mortgage loan, the lender may collect an additional amount equal to a percentage of any net appreciated value of the property during the term of the reverse mortgage loan. See Tennessee Code 47-30-102
                  • signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
                  • Specified sexual activities: means activities, services or performances that include the following sexual activities or the exhibition of the following anatomical areas:

                    • (A) Human genitals in a state of sexual stimulation or arousal. See Tennessee Code 7-51-1401

                    • 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
                    • Statute: A law passed by a legislature.
                    • Statute of limitations: A law that sets the time within which parties must take action to enforce their rights.
                    • Subpoena: A command to a witness to appear and give testimony.
                    • Summons: Another word for subpoena used by the criminal justice system.
                    • Tobacco product manufacturer: means an entity that after May 26, 1999, directly and not exclusively through any affiliate:

                      • (i) Manufactures cigarettes anywhere that such manufacturer intends to be sold in the United States, including cigarettes intended to be sold in the United States through an importer (except where such importer is an original participating manufacturer (as defined in the master settlement agreement), that will be responsible for the payments under the master settlement agreement with respect to such cigarettes as a result of subsection II(mm) of the master settlement agreement and that pays the taxes specified in subsection II(z) of the master settlement agreement, and provided that the manufacturer of such cigarettes does not market or advertise such cigarettes in the United States). See Tennessee Code 47-31-102

                      • Tort: A civil wrong or breach of a duty to another person, as outlined by law. A very common tort is negligent operation of a motor vehicle that results in property damage and personal injury in an automobile accident.
                      • Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
                      • Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
                      • Trust account: A general term that covers all types of accounts in a trust department, such as estates, guardianships, and agencies. Source: OCC
                      • Truth in Lending Act: The Truth in Lending Act is a federal law that requires lenders to provide standardized information so that borrowers can compare loan terms. In general, lenders must provide information on Source: OCC
                      • Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. Source: OCC
                      • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
                      • Units sold: means the number of individual cigarettes sold to a consumer in the state by the applicable tobacco product manufacturer, whether directly or through a distributor, retailer, or similar intermediary or intermediaries, during the year in question regardless of whether the state excise tax was due or collected. See Tennessee Code 47-31-102
                      • Venue: The geographical location in which a case is tried.
                      • Verdict: The decision of a petit jury or a judge.
                      • Writ: A formal written command, issued from the court, requiring the performance of a specific act.
                      • 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