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Tennessee is a deed of trust state. However, a mortgage is enforceable. The trustee must be a resident of Tennessee or a corporation domiciled in Tennessee. There is a reciprocal agreement in which a trustee can serve in Tennessee if the trustee's home state allows a Tennessee trustee to serve.
Generally, the trustee must be an attorney, title insurance company, trust company, bank, savings and loan, credit union, or other company specifically authorized by law to serve as a trustee. Other states have no limitations.
A trustee is any person or organization that holds the legal title of an asset or group of assets for another person, called the grantor. A trustee is granted this legal title through a trust in which the they hold title to the assets held in trust for the benefit of others.
Many clients also wish to name one or more of their children as the trustee of that trust, but are not sure if that is allowed by the law. The short answer is yes, a beneficiary can also be a trustee of the same trust?but it may not always be wise, and certain guidelines must be followed.
The Tennessee Trust Code has become a leading and progressive jurisdiction for directed trusts in recent years. In fact, many jurisdictions do not permit as many options for the creation of a directed trust as the Tennessee Trust Code.