Tennessee § 66-11-108 - Priority over mortgage.
Full text of Tennessee Tennessee Code Annotated § 66-11-108 — Priority over mortgage., with citation guidance and answers to common questions.
§ 66-11-108. Priority over mortgage.
If the contract for an improvement is made with a mortgagor, and the lienor has served the mortgagee with written notice of the same by certified or registered mail before the work is begun or materials furnished by the lienor, and the mortgagee gives written consent thereto by certified or registered mail, the lien provided by this chapter to that lienor shall have priority over the mortgage; and if the mortgagee fails to serve a written objection by certified or registered mail within ten (10) days after receipt of the notice, the mortgagee's consent shall be implied; provided, that the person giving notice shall include a name and return address to which the written objection shall be served. If notice is not served in accordance with this section, then the lien shall not have priority over a mortgage otherwise entitled to priority over the lien under applicable law. Code 1858, § 1982 (deriv. Acts 1857-1858, ch. 24, §§ 1, 2); Shan., § 3536; Code 1932, § 7924; Acts 1975, ch. 200, § 1; T.C.A. (orig. ed.), § 64-1108; Acts 2007, ch. 189, § 8. Cross-References. Certified mail in lieu of registered mail, § 1-3-111 . Textbooks. Tennessee Jurisprudence, 18 Tenn. Juris., Mechanics' Liens, §§ 15-19. Law Reviews. Mechanics' and Materialmen's Liens in Tennessee (Charles H. Barnett), 5 Mem. St. U.L. Rev. 359 (1975).
Frequently Asked Questions About Tennessee § 66-11-108
What does Tennessee Code Annotated § 66-11-108 cover?
Section 66-11-108 ("Priority over mortgage.") is part of the Tennessee Code Annotated, the codified statutory law of Tennessee. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite Tennessee § 66-11-108?
A common citation format is "Tennessee Code Annotated § 66-11-108" (Tennessee). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of Tennessee law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the Tennessee official source linked on this page or consult a licensed Tennessee attorney.
How does Tennessee § 66-11-108 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in Tennessee can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in Tennessee.