Tennessee Property Records
Professional title examination for all 95 Tennessee counties. Register of Deeds system. Deed of trust state with non-judicial foreclosure. No state income tax. Dual recordation tax (realty transfer + mortgage). One of the lowest homestead exemptions in the United States. Reports from $29.
How to Search Tennessee Property Records
Tennessee property records are maintained by the Register of Deeds in each of the state's 95 counties. The Register of Deeds is a constitutional office under Tennessee law responsible for recording and indexing all instruments affecting real property under T.C.A. Title 8, Chapter 13. All deeds, deeds of trust, releases, easements, mechanic liens (contractors' liens under T.C.A. Section 66-11-101 et seq.), plats, powers of attorney, military discharges, and federal tax liens are recorded with the Register of Deeds. Tennessee is a race-notice recording state, meaning an unrecorded conveyance is void as against a subsequent purchaser who records first in good faith.
Tennessee has four characteristics that distinguish its property records: (1) Tennessee uses the Register of Deeds (a constitutional office) with a book-and-page numbering system (not instrument numbers) in many counties, (2) Tennessee imposes dual recordation taxes: a realty transfer tax on deeds ($0.37 per $100 of consideration) and a mortgage tax on deeds of trust ($0.115 per $100 of indebtedness), (3) Tennessee has no state income tax, meaning no state income tax liens exist, and (4) Tennessee has one of the lowest homestead exemptions in the United States ($5,000 individual, $7,500 married), meaning judgment liens attach to virtually all real property equity. U.S. Title Records provides Tennessee property records examination for all 95 counties from $29. Email office@ustitlerecords.com with questions.
No State Income Tax
Tennessee has no state income tax on wages, salaries, or earned income. The Hall Income Tax (a tax on interest and dividend income) was fully repealed effective January 1, 2021. Because Tennessee imposes no income tax, the Tennessee Department of Revenue does not file income tax liens against property owners. However, the Department of Revenue does file tax warrants for unpaid business taxes (franchise and excise tax, sales tax, business tax) with the Register of Deeds. Property tax is assessed at the county level and is the primary revenue source for local government. A Property Detail Report ($29) shows current property tax status for any Tennessee property.
Dual Recordation Tax System
Tennessee imposes two separate recordation taxes collected by the Register of Deeds under T.C.A. Section 67-4-409. The realty transfer tax is imposed on all deed transfers at $0.37 per $100 of property value (paid by the grantee/buyer). The mortgage tax is imposed on all instruments evidencing indebtedness (deeds of trust, mortgages, conditional sales contracts) at $0.115 per $100 of the indebtedness, with the first $2,000 of indebtedness exempt (paid by the debtor/borrower). Both taxes must be paid before the Register of Deeds will record the instrument. For a $300,000 purchase with a $240,000 deed of trust, the buyer pays $1,110 in realty transfer tax and $273.70 in mortgage tax.
Tennessee's $5,000 Homestead: Why Judgment Liens Are Critical
Tennessee has one of the lowest homestead exemptions in the United States: $5,000 for an individual and $7,500 for a married couple (or up to $25,000 if the homeowner is 62 or older) under T.C.A. Section 26-2-301. By comparison, Florida provides unlimited-dollar homestead protection, Texas provides $200,000, and Arizona provides $250,000.
This extremely low exemption means that virtually all equity in a Tennessee residential property is exposed to creditor claims. A judgment lien docketed against the property owner attaches to nearly the entire value of the property, not just equity above a meaningful threshold. For Tennessee property transactions, a comprehensive lien examination is essential. A Full Owner Lien Report ($195) identifies all judgment liens docketed against the property owner across the applicable Tennessee jurisdiction.
Tennessee Property Records System
How property records are structured across Tennessee's 95-county Register of Deeds system
Register of Deeds (Constitutional Office)
Tennessee uses the Register of Deeds as the custodian of all property records. The Register is a constitutional officer elected in each of the 95 counties. Tennessee registers maintain recorded instruments using a book-and-page numbering system (e.g., "WD508 Pg 61" or "RB 2411 Pg 32") rather than instrument numbers, which is less common in modern recording systems. When ordering a Tennessee property records examination from U.S. Title Records, our abstractors access the Register of Deeds records directly. Many Tennessee counties now provide free online access through the Tennessee Comptroller's Office or county-specific portals.
Non-Judicial Foreclosure (Power of Sale)
Tennessee is a deed of trust state permitting non-judicial foreclosure through a power of sale contained in the deed of trust under T.C.A. Section 35-5-101 et seq. The trustee (typically a private attorney or title company, unlike Colorado's Public Trustee) conducts the sale after providing notice as required by the deed of trust and state law. Tennessee requires publication of the foreclosure notice in a newspaper for 3 consecutive weeks prior to the sale. There is NO statutory right of redemption after a non-judicial trustee's sale. For foreclosure auction due diligence, a Full Owner Lien Report ($195) is recommended.
Property Assessor vs. Register of Deeds
Tennessee distributes property records across two county offices. The Register of Deeds records all instruments affecting real property: deeds, deeds of trust, releases, mechanic liens, plats, and federal tax liens. The Property Assessor (a separate elected county official) maintains property valuation data: appraised value, assessed value, property characteristics, and tax district information. Tennessee assesses residential property at 25% of appraised value and commercial property at 40%. Each municipality and county sets its own tax rate applied to the assessed value. A Property Detail Report ($29) includes data from both offices.
Tax Sale System
When Tennessee property taxes become delinquent, the county can sell the property at a tax sale under T.C.A. Section 67-5-2501 et seq. Tennessee provides a 1-year right of redemption for tax sales on residential property (the former owner can redeem by paying the purchase price plus 10% interest). For auction buyers, this means the original owner can reclaim the property for up to one year after the tax sale. Tax delinquent properties are advertised in local newspapers before the sale. A Property Detail Report ($29) identifies current tax delinquency status.
Tennessee Property Lien Types
Encumbrances affecting Tennessee real property with statutory citations
Deeds of Trust
Voluntary specific lien. Recorded with Register of Deeds. Three-party structure (grantor, beneficiary, trustee). Trustee is a private party (attorney or title company). Enables non-judicial foreclosure. Mortgage tax: $0.115 per $100 of indebtedness (first $2,000 exempt).
Judgment Liens
Involuntary general lien. Filed with the Circuit Court Clerk in the county where the debtor owns property. Duration: 10 years from entry under T.C.A. Section 25-5-101, renewable. Tennessee's $5,000 homestead exemption means judgment liens attach to virtually all residential equity, making lien examination critical.
Contractors' Liens (Mechanic Liens)
Tennessee designates these as "contractors' liens" under T.C.A. Section 66-11-101 et seq. A contractor must record a Notice of Lien with the Register of Deeds within 90 days of completion. The contractor must also serve written notice on the property owner. Foreclosure action must be filed within 1 year of recording. Subcontractors have additional notice requirements.
Property Tax Liens
Automatic first priority. Tennessee fiscal year: July 1 through June 30. Taxes become delinquent if unpaid by February 28 of the following year. Interest and penalty accrue on delinquent taxes. After extended delinquency, county can sell at tax sale with 1-year redemption for residential property. A Property Detail Report ($29) shows tax status.
Federal Tax Liens (IRS)
Filed with the Register of Deeds in each county where the taxpayer owns property. Blanket lien on all real and personal property. Duration: 10 years from assessment, renewable. At foreclosure, IRS retains 120-day right of redemption.
State Tax Warrants (DOR Business Taxes)
The Tennessee Department of Revenue files tax warrants for unpaid franchise and excise taxes, sales taxes, and business taxes. Because Tennessee has no state income tax, DOR liens arise from business taxes only (not personal income). Tax warrants are filed with the Register of Deeds or the Circuit Court Clerk. A Full Owner Lien Report ($195) identifies state tax warrants.
HOA Assessment Liens
Under the Tennessee Horizontal Property Act (T.C.A. Title 66, Chapter 27) for condominiums and common interest community statutes, unpaid HOA assessments create a lien on the unit. Tennessee does NOT have a statutory HOA super lien. Priority is determined by recording date. The HOA can foreclose on the lien through judicial or non-judicial proceedings depending on the governing documents.
Lis Pendens
Recorded with the Register of Deeds to provide constructive notice that litigation affecting the property is pending. Required for all foreclosure actions. The non-judicial foreclosure notice published in a newspaper also provides constructive notice. Anyone acquiring interest after recording takes subject to the outcome of the litigation.
A Property Lien Report ($95) identifies all recorded encumbrances. A Full Owner Lien Report ($195) adds personal liens, UCC filings, and bankruptcy records. The $195 report is strongly recommended for Tennessee due to the low homestead exemption.
Tennessee Property Records Questions
Authoritative answers regarding Tennessee real property records and title examinations
How Do I Search Tennessee Property Records?
Submit the property address to U.S. Title Records for professional Tennessee property records examination covering all 95 counties. Reports from $29 (ownership) to $375 (comprehensive preliminary title report). Free resources include the Register of Deeds online portal (many counties provide free index access through the Tennessee Comptroller) and the Property Assessor's database (property values, tax data). However, free resources typically search only one office's database and use the book-and-page system that can be difficult to navigate without experience.
Search TN Records →How Much Does a Tennessee Title Search Cost?
Tennessee property records examination fees at U.S. Title Records: Property Detail Report $29, Document Image (Deed Copy) $45, Title Search by Name $75 (statewide) or $535 (nationwide), Property Lien Report $95, Full Owner Lien Report $195, Chain of Title Report $275, Expanded Title Search $375. Same pricing all 95 Tennessee counties, from Shelby (Memphis) to Pickett. The $195 Full Owner Lien Report is recommended for TN due to the low homestead exemption. View complete schedule of fees.
Schedule of Fees →Why Is Tennessee's Low Homestead Exemption a Risk?
Tennessee's homestead exemption is only $5,000 for individuals ($7,500 married, up to $25,000 for homeowners 62+) under T.C.A. 26-2-301. This is among the lowest in the nation. By comparison, Florida offers unlimited protection, Texas offers $200,000, and Arizona offers $250,000. The low exemption means virtually all equity in Tennessee residential property is exposed to creditor claims through judgment liens. A Full Owner Lien Report ($195) identifies all judgment liens docketed against the property owner.
Lien and Encumbrance Search →What Are Tennessee's Recordation Taxes?
Tennessee imposes two recordation taxes collected by the Register of Deeds. The realty transfer tax is $0.37 per $100 of property value (paid by the buyer/grantee). The mortgage tax is $0.115 per $100 of the indebtedness secured by the deed of trust, with the first $2,000 of indebtedness exempt (paid by the borrower/debtor). Both must be paid before the Register will record the instrument. Exemptions exist for certain family transfers, government transactions, and foreclosure deeds. Neither tax applies to judgment liens, contractors' liens, or UCC filings.
Deed Retrieval →How Does Tennessee Foreclosure Work?
Tennessee is a deed of trust state permitting non-judicial foreclosure through a power of sale under T.C.A. 35-5-101 et seq. The trustee publishes a foreclosure notice in a newspaper for 3 consecutive weeks before the sale. There is NO statutory right of redemption after a non-judicial trustee's sale (the sale is final). Judicial foreclosure through the Chancery Court is also available but less common. For foreclosure auction due diligence, a Full Owner Lien Report ($195) identifies all encumbrances before bidding.
Auction Buyer Guide →Does Tennessee Have a State Income Tax?
No. Tennessee has no state income tax on wages, salaries, or earned income. The Hall Income Tax (on interest and dividend income) was fully repealed effective January 1, 2021. Because there is no income tax, the Tennessee Department of Revenue does not file personal income tax liens. However, the DOR does file tax warrants for unpaid business taxes (franchise and excise, sales, business). These business tax warrants appear in a Full Owner Lien Report ($195). For asset investigation beyond property records, visit U.S. Asset Records.
Search TN Records →Search Tennessee Property Records
Professional title examination for any property in all 95 Tennessee counties. Register of Deeds records, lien identification, deed retrieval, and foreclosure status verification. Reports from $29. For asset investigation, visit U.S. Asset Records.