Registers of Deeds

Plain English Breakdown

The official source material does not provide information on the consequences if a deed is registered without following all requirements by mistake, other than stating it does not affect the validity of the registration.

Registers of Deeds Act

This bill changes requirements for preparing and recording deeds in Tennessee.

What This Bill Does

• Requires a deed to be prepared by an attorney, title insurance agent, the property owner, or someone with legal authority from the owner.
• Adds requirements that the preparer of the deed must sign under penalty of perjury if they are an attorney or title agent.
• Specifies that deeds must be recorded in the county where the property is located.
• Exempts certain government and financial institution deeds from these rules.

Who It Names or Affects

• People buying, selling, or transferring real estate in Tennessee.
• Registers of Deeds who record deeds for properties in their counties.

Terms To Know

Deed

A legal document that transfers ownership of property from one person to another.

Conveyance

The act of transferring real estate or other property rights from one party to another.

Limits and Unknowns

• Does not apply to deeds filed on behalf of the federal, state, or local government.
• Does not affect the validity of a deed if it is registered without following all requirements by mistake.

Official Summary Text

Present law describes the duties of the county register in recording and maintaining instruments offered for registration. This bill expands such duties by requiring the register to verify that an affidavit on a deed of conveyance of real property was d
uly signed by sworn declaration under penalty of perjury, if prepared by an attorney licensed to practice in this state or a title agent licensed in this state, or, if signed by the owner, a notarized affidavit stating under oath the name and address of t
he
preparer of the document and that the preparer is an attorney licensed to practice in this state, a title insurance agent licensed in this state, the owner of the real property being transferred, or a person with legal authority to act on behalf of the o
wner of the real property being transferred.

Present law provides the requirements for conveyances of property. This bill adds to the present law by generally requiring that a deed of conveyance of real property must be prepared by (i) an attorney licensed to practice in this state, (ii) a title i
nsurance agent licensed in this state, (iii) the owner of the real property being transferred, or (iv) a person with legal authority to act on behalf of the owner of the real property being transferred. This bill also requires a deed to be recorded in th
e
county where the property is located. However, these requirements do not apply to any of the following:



Deeds filed on behalf of the federal government, state government, or a local government, or an instrumentality of the federal government, state government, or a local government, for property owned by such government.



Deeds of trust, mortgages, or release deeds prepared by a state or national bank, savings bank, credit union, or federal farm credit association, where the financial institution possesses an interest in the property that is the subject of the property described in the deed.

Further, this bill prohibits the county register from registering any deed of conveyance of real property that is not prepared by an attorney licensed to practice in this state, a title insurance agent licensed in this state, the owner of the real proper
ty being transferred, or a person with legal authority to act on behalf of the owner of the real property being transferred. However, this bill clarifies that a failure of the record to show compliance with this requirement does not affect the validity o
f
the registration of the instrument.

This bill applies to any conveyance of real property on or after July 1, 2026.

ON APRIL 6, 2026, THE HOUSE ADOPTED AMENDMENTS #1 AND 2 AND PASSED HOUSE BILL 1762, AS AMENDED.

AMENDMENT #1 makes the following changes:



Requires the document evidencing the legal authority of someone acting on behalf of an owner of real property being transferred to be presented and recorded with the deed.


Provides that the bill does not apply to deeds filed on behalf of a governmental entity in which the government owns the property or for which the government is acquiring the interest in the property.


Provides that a county register is not liable for inadvertently registering an instrument not in compliance with the requirements of the bill.

AMENDMENT #2 makes the following changes:



Requires an affidavit on a deed of conveyance of real property prepared by a title insurance company or title agent licensed in this state to be duly signed by a sworn declaration under penalty of perjury, that the preparer is a title insurance company or a title insurance agent licensed in this state.


Requires the document evidencing the legal authority acting on behalf of the owner be presented with and recorded with the deed.


Clarifies that the bill does not apply to property for which a federal, state, or local government is acquiring the interest.


Adds a title insurance company or a title insurance agency licensed in this state to the list of persons authorized to prepare a deed that may be filed by a county register.


Provides that a failure of the record to show compliance with the requirements of the bill does not affect the validity of the deed of conveyance or the validity of the registration of the deed of conveyance.


Provides that a county register is not liable for inadvertently registering an instrument not in compliance with the bill requirements.

ON APRIL 9, 2026, THE SENATE SUBSTITUTED HOUSE BILL 1762 FOR SENATE BILL 1707, ADOPTED AMENDMENT #1, AND PASSED HOUSE BILL 1762, AS AMENDED.

AMENDMENT #1 removes House Amendment #2.

ON APRIL 14, 2026, THE HOUSE NON-CONCURRED IN SENATE AMENDMENT #1.

ON APRIL 16, 2026, THE SENATE REFUSED TO RECEDE FROM ITS ADOPTION OF SENATE AMENDMENT #1.

Current Bill Text

SENATE BILL 1707
By Taylor

HOUSE BILL 1762
By Gant
HB1762
010489
- 1 -

AN ACT to amend Tennessee Code Annotated, Title 8,
Chapter 13; Title 23, Chapter 3; Title 66, Chapter
5, Part 1 and Title 66, Chapter 24, relative to
conveyances of real property.

WHEREAS, there has been an increase in the filing of fraudulent and poorly drawn
deeds in Tennessee that are causing the citizens of Tennessee to suffer economic losses
concerning properties that they own or hope to purchase; and
WHEREAS, the General Assembly finds that this practice can be significantly impacted
by restricting the filing of these documents to those trained in the proper preparation of deeds,
mortgages, deeds of trust, restrictions, covenants, conditions, easements, and other documents
affecting the title to real estate; now, therefore,
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 8-13-108(a), is amended by adding
the following as a new subdivision:
(14) Verify that an affidavit on a deed of conveyance of real property was duly
signed by sworn declaration under penalty of perjury, if prepared by an attorney licensed
to practice in this state or a title agent licensed in this state, or, if signed by the owner, a
notarized affidavit stating under oath the name and address of the preparer of the
document and that the preparer is an attorney licensed to practice in this state, a title
insurance agent licensed in this state, the owner of the real property being transferred,
or a person with legal authority to act on behalf of the owner of the real property being
transferred. The sworn declaration or notarized affidavit must be in substantially the
following form:

- 2 - 010489

I hereby swear or affirm that I prepared the attached deed of conveyance and
that I am an attorney currently licensed in Tennessee (BPR #____________), a
title agent currently licensed in Tennessee (License # ______________), or an
actual owner of an interest in the property that is the subject of this deed.
SECTION 2. Tennessee Code Annotated, Title 66, Chapter 5, Part 1, is amended by
adding the following as a new section:
66-5-111.
(a) A deed of conveyance of real property must be prepared by an attorney
licensed to practice in this state, a title insurance agent licensed in this state, the owner
of the real property being transferred, or a person with legal authority to act on behalf of
the owner of the real property being transferred.
(b) The deed must be recorded in the county in which the property is located,
pursuant to § 66-24-103.
(c) This section does not apply to:
(1) Deeds filed on behalf of the federal government, state government, or
a local government, or an instrumentality of the federal government, state
government, or a local government, for property owned by such government; or
(2) Deeds of trust, mortgages, or release deeds prepared by a state or
national bank, savings bank, credit union, or federal farm credit association,
where the financial institution possesses an interest in the property that is the
subject of the property described in the deed.
SECTION 3. Tennessee Code Annotated, Section 66-24-101, is amended by adding
the following as a new subsection:
(g) The county register shall not register any deed of conveyance of real
property that is not prepared by an attorney licensed to practice in this state, a title

- 3 - 010489

insurance agent licensed in this state, the owner of the real property being transferred,
or a person with legal authority to act on behalf of the owner of the real property being
transferred, as prescribed in § 66-5-105, and so stated on the document by a sworn
declaration under penalty of perjury, if prepared by an attorney licensed to practice in
this state or a title agent licensed in this state, or, if signed by the owner, a sworn and
notarized affidavit. A failure of the record to show a compliance with the requirements of
this subsection (g) does not affect the validity of the registration of any registered
instrument.
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it, and
applies to conveyances of real property occurring on or after that date.