- Who sends it
- Your loan servicer, under the terms of your deed of trust
- What it starts
- The cure period in your deed of trust, often at least 30 days, before the loan can be accelerated
- Do this first
- Note the cure date and amount, then call a free THDA housing counselor at 1-888-HUD-THDA (483-8432)
What this letter is in Tennessee
Most Tennessee homes are secured by a deed of trust with a power of sale, so a trustee can sell the home without a lawsuit. No Tennessee statute requires a separate pre-foreclosure notice today. The letter you get is required by your loan papers, not by state law.
The standard deed of trust quoted by the Tennessee Court of Appeals in JCR, LLC v. Hance (2023) requires a notice that names the default, says what you must do to cure it, gives a cure date at least 30 days away, and warns that if you do not cure, the loan can be accelerated and the home sold. It must also tell you about your right to reinstate after acceleration and your right to go to court to argue that there is no default. Read your own deed of trust, because terms differ.
The old 60-day notice is gone
Some websites still describe a 60-day "notice of the right to foreclose" under Tenn. Code Ann. § 35-5-117. That section was repealed by Public Chapter 122 of 2011, for any foreclosure notice first published on or after January 1, 2013. Do not wait for a 60-day state notice. The next paper you get may be the Notice of Trustee's Sale.
How to count the time you have
- Find the cure date in the letter. Under the common deed of trust form, it must be at least 30 days from the date the notice is given. Your deed of trust says how notice is given and counted.
- Federal rules generally bar the servicer from making the first foreclosure notice or filing until you are more than 120 days behind. The cure period can run at the same time.
- Once the sale is advertised, it can happen as soon as 20 days after the first newspaper notice (Tenn. Code Ann. § 35-5-101(b)).
- A common deed of trust form lets you reinstate until 5 days before the sale by paying what would be due without acceleration plus allowed costs. Check your own deed for the deadline.
What to do this week
- Keep the letter and envelope. Write down the cure date, cure amount and who to pay.
- Ask your servicer, in writing, for a reinstatement quote and a loss mitigation application, and send the application back complete.
- Call THDA's HUD-certified counselors at 1-888-HUD-THDA (483-8432) or 615-815-2238. THDA says the counseling is free; counselors do not give money but help you build a plan.
- If you think there is no default or the amount is wrong, find free legal help through Help4TN, run by the Tennessee Alliance for Legal Services.
- Read how a Tennessee foreclosure works and how to stop a foreclosure in Tennessee.
Scam warnings
THDA warns that help is free and to beware of anyone who promises for certain that they can save your home, asks you to sign or transfer your deed, charges a fee for counseling or loan modification help, tells you not to contact your servicer, or wants your mortgage payments sent to them. Report rescue offers to the Tennessee Attorney General's Division of Consumer Affairs. See is this letter a scam.
The rest of the Tennessee process
See how foreclosure works in Tennessee, the timeline, ways to stop it and free help in Tennessee, or read the national guide to this letter.
Common questions
Does Tennessee still require a 60-day notice before foreclosure?
No. Former Tenn. Code Ann. § 35-5-117 required a notice of the right to foreclose, but Public Chapter 122 of 2011 repealed it for foreclosure notices first published on or after January 1, 2013. Your deed of trust may still require its own default letter.
How long do I have to cure a default on a Tennessee deed of trust?
It depends on your deed of trust. A common form requires a cure date at least 30 days after the notice, and lets you reinstate until 5 days before the sale. No Tennessee statute sets a cure period.
Is a Tennessee default letter the start of a lawsuit?
No. Most Tennessee foreclosures happen without a court case. If you do not cure, the next step is usually a trustee's sale notice mailed to you and published in the newspaper and online.
Other Tennessee letters
- Notice of Trustee's Sale (often titled Notice of Substitute Trustee's Sale)This notice sets the date, time and place of the auction of your home. Since July 1, 2025, Tennessee requires the sale to be advertised at least twice in a county newspaper, the first at least 20 days before the sale, and posted online for at least 20 days in a row. The trustee must mail you a copy by certified or registered mail by the first newspaper date.
- Notice of postponed (rescheduled) trustee's saleA Tennessee trustee's sale can be postponed one or more times without new newspaper ads, as long as it is held within one year of the original date. Each new date is announced at the sale and online. You get a mailed notice only if the sale is pushed back more than 30 days.
- Trustee's Deed (Substitute Trustee's Deed)After the auction, the trustee gives the buyer a trustee's deed. For most Tennessee homeowners the sale is final, because the deed of trust waived the 2-year right to redeem. The deed is not an eviction order; the buyer still has to win a detainer case to remove you.
- Detainer warrantIf you stay after a Tennessee trustee's sale, the buyer must bring an unlawful detainer case to get possession, usually in General Sessions Court. The detainer warrant tells you the court date. The hearing can come within days, and if you miss it, the court can enter a default judgment and issue a writ of possession.
- Deficiency lawsuit (summons and complaint for a deficiency judgment)A Tennessee lender can sue for the balance left after a trustee's sale, but it must sue within 2 years after the sale. The law presumes the sale price was fair market value. If you prove the home sold for materially less, the court uses fair market value instead.
Sources
- Tennessee Public Chapter 122 (2011), repealing Tenn. Code Ann. § 35-5-117 effective January 1, 2013 (Tennessee Secretary of State)
- Tennessee Public Chapter 515 (2025), rewriting Tenn. Code Ann. § 35-5-101 (Tennessee Secretary of State)
- JCR, LLC v. Hance, No. E2022-00765-COA-R3-CV (Tenn. Ct. App. Aug. 28, 2023)
- Tennessee Housing Development Agency: Foreclosure Prevention
- Help4TN: Homeowner, Mortgage Default and Foreclosure