26-1-111 - Suspension of foreclosure proceedings for active military personnel. - Tennessee Statutes

26-1-111. Suspension of foreclosure proceedings for active military personnel.

(a)  Notwithstanding any provision of law to the contrary, if a member of a reserve or Tennessee national guard unit entered into a mortgage or deed of trust for the purchase of a home, or a contract for the purchase of a motor vehicle, and the person is subsequently called into active military service of the United States, as defined in § 58-1-102, and is stationed outside the United States during hostilities, then any provision of the contract or mortgage or deed of trust providing for foreclosure on the property or repossession of the motor vehicle shall be suspended until ninety (90) days following the military personnel’s return to this state.

(b)  (1)  (A)  To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following:

                (i)  The person is a member of the reserve or Tennessee national guard;

                (ii)  The member has been called to active duty;

                (iii)  A copy of the deployment order is attached; and

                (iv)  The anticipated date of return to the state.

          (B)  In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in subdivision (b)(1)(A)(iv) when seeking to foreclose or repossess.

     (2)  At any stage before a final foreclosure sale or a final sale of repossessed property under the Uniform Commercial Code, compiled in title 47, chapters 1-9, the sale shall be stayed; provided, that the service member gives notice as provided in § 202 of the Servicemembers Civil Relief Act, codified in 50 U.S.C. Appx. § 522.

(c)  The provisions of this section shall not apply to a service member who executes a waiver pursuant to § 107 of the Servicemembers Civil Relief Act, codified in 50 U.S.C. Appx. § 517.

[Acts 2006, ch. 677, § 1.]