Escrow & Title

In a Tennessee non-judicial foreclosure sale under a deed of trust, a valid defense to the foreclosure available to the borrower includes:

AThe borrower's wish to remain in the property
BImproper notice to the borrower as required by the deed of trust and Tennessee law✓ Correct
CThe property value has declined since purchase
DThe borrower had a medical emergency causing the default

Explanation

A Tennessee borrower may challenge a non-judicial foreclosure if the lender failed to provide the required statutory notice. Procedural defects in the foreclosure process — such as improper notice — can be grounds to challenge or invalidate the foreclosure sale.

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