The right of redemption does not extend to any sale under and by virtue of a power contained in any deed of trust, mortgage, or other instrument, whereby the right is waived or surrendered by such mortgage or conveyance.
Code 1858, § 2125 (deriv. Acts 1857-1858, ch. 46, § 1); Shan., § 3812; Code 1932, § 7737; T.C.A. (orig. ed.), § 64-803.
Cross-References. Waste and trespass, title 29, ch. 36.
Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Adverse Possession, § 25; 21 Tenn. Juris., Redemption of Real Estate Sold for Debt, §§ 24, 25.
Law Reviews.
Tennessee and the Installment Land Contract: A Viable Alternative to the Deed of Trust, 21 Mem. St. U.L. Rev. 551 (1991).
Waiver of Redemption Rights in Tennessee Mortgages: Discarding the Contracts Clause and Common-Law Concepts, 55 Tenn. L. Rev. 733 (1989).
Collateral References.
Appeal or staying execution on judgment, constitutionality and construction of statute as to effect of, on right to redeem from judicial sale. 107 A.L.R. 879.
Deed from mortgagor or privy to mortgage holder as extinguishing equity of redemption. 129 A.L.R. 1435.
Junior mortgagee's equity of redemption as affected by reacquisition by mortgagor or his grantee of title through foreclosure of first mortgage. 51 A.L.R. 445, 111 A.L.R. 1285.