Foreclosure research in Memphis, Tennessee

Most Tennessee home loans use a deed of trust rather than a mortgage. It contains a power of sale, a clause letting a trustee sell the property. The trustee is a third party named in the document.

Because of that clause, a lender does not have to file a court case. There is no complaint, no summons, no response deadline and no judge, unless a homeowner brings one.

For Memphis homeowners the county is Shelby County. Matters that do reach a court are usually filed in Shelby County Chancery Court or Circuit Court.

So there is no court docket (the court's list of everything filed in a case) to check. The record is the documents recorded with the Shelby County Register of Deeds, the mailed notices, and the published advertisement.

Homeowners have rights in a foreclosure. Most of them are written down in public law, and hardly anyone is ever shown where. So that is what we do. We use public research data to illustrate the rights homeowners have, from the statutes, court rules, published court decisions, county land records and court dockets.

In general terms, those sources say:

• Where a foreclosure goes through a court, a homeowner has a set number of days to respond after being served, and the clock starts on a date that is written down.
• In a court foreclosure, a judge decides the outcome, and the case moves on a schedule the court sets.
• State law generally sets a point in the process up to which a homeowner may bring the loan current.
• A homeowner may contact their lender or servicer directly, at any time, and needs no one's permission to do it.

Your rights when you hire us

Tennessee regulates foreclosure-related rescue services under Tenn. Code Ann. §§ 47-18-5401 and 47-18-5402. Under that law, a written agreement is required before any work begins.

If you sign a written agreement with us, Tennessee law gives you the right to cancel it, with no penalty and no obligation, within 3 business days after you sign. You cannot be asked to give up that right. If you cancel, anything you have paid must be returned to you within 10 business days.

The Tennessee Housing Development Agency, at thda.org, helps Tennessee homeowners facing foreclosure.

Memphis is an hour behind our office.

When you need a licensed Tennessee attorney, we coordinate the referral, with your research ready for the first meeting. You would be their client, not ours.