Tennessee Mortgage of a Condominium Unit

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Description

An agreement that creates an interest in real property as security for an obligation, such as the payment of a note, and that is to cease upon the performance of the obligation, is called a mortgage. The person whose interest in the property is given as security is the mortgagor. The person who receives the security is the mortgagee (lender). Two characteristics of a mortgage are (a) the mortgagee's interest terminates upon the performance of the obligation secured by the mortgage such as payment of the note secured by the mortgage; and (b) the mortgagee has the right to enforce the mortgage by foreclosure if the mortgagor fails to perform the obligation (such as defaulting on the note payments).


A condominium is a combination of co-ownership and individual ownership. Those who own an apartment house or buy a condominium are co-owners of the land and of the halls, lobby, and other common areas, but each apartment in the building is individually owned by its occupant. In some States, the owners of the various units in the condominium have equal voice in the management and share an equal part of the expenses. In other States, control and liability for expenses are shared by a unit owner in the same ratio as the value of the unit bears to the value of the entire condominium project. The bigger condominium owners would have more say-so than the smaller condominium owners.

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FAQ

Senate Bill 405, also known as the Tennessee Homeowners Association Act, is a bill that legislators in Tennessee are still considering. When enacted, this bill will regulate the operations and management of homeowners associations in the state. However, as of now, no specific statute governs homeowners associations.

Can a Tennessee HOA collect after foreclosure? Yes. Tennessee is a super lien state. An HOA's assessment lien on a lot in Tennessee has priority, up to a specified amount, over the liens created by a lender's earlier-filed first mortgage.

A condominium, also known as a condo, is a unit in a complex or building of units that is privately owned. The air space inside a condo is owned by the condo owner, who also owns a share of the communal property, which includes the floor, walls, walkways, stairwells, and outside spaces.

A condominium, or condo, is an individually owned residential unit in a complex or building of like units. Condo owners own their units but share common spaces, amenities, and other resources. They pay condo fees, which cover maintenance costs, amenities, and the upkeep of common spaces.

Summary: Tennessee has updated its laws on condominiums with the passage of the Tennessee Condominium Act of 2008. The statute provides comprehensive provisions dealing with condominiums created after January 1, 2009 and also may apply, in certain instances, to existing condominiums.

First, the HOA has to get the consent of a majority of homeowners or members, following the procedures outlined in the bylaws or other governing documents. Most usually require 80% of the owners to vote in favor of dissolution. Your secretary of state has documents for the dissolution of an HOA.

Tennessee Community Association Law Homeowners' associations in Tennessee are not subject to any formal government regulations if they manage single-family common interest communities. Condominium associations are subject to the Tennessee Condominium Act (Title 66, Chapter 27).

Tennessee HOA Lien Law For condo associations, Section 66-27-415 of the Tennessee Code stipulates that a COA has a lien on a unit for fines or assessments when they become due. The lien is then made effective through the recording of the lien in the county records.

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Tennessee Mortgage of a Condominium Unit