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Exam topics · Tennessee

Real estate financing on the Tennessee exam

Loan types, the instruments that secure them, and the federal disclosure rules. Vocabulary-dense and easy to confuse under time pressure.

Why this section is hard

Financing questions stack unfamiliar vocabulary three layers deep. Once you can say which document does what and who is protected by which federal act, most of the section becomes straightforward.

The note and the security instrument

The promissory note is the promise to repay — the debt itself. The security instrument pledges the property as collateral. Tennessee is a deed-of-trust state: title is held by a trustee for the lender until the debt is satisfied, which permits non-judicial foreclosure.

Loan types

Conventional loans are not government-backed and carry private mortgage insurance below the lender's equity threshold. FHA loans are insured by the government and carry mortgage insurance premiums. VA loans are guaranteed for eligible veterans and typically require no down payment.

  • Conventional: not insured or guaranteed by the government; PMI when equity is thin.
  • FHA: insured, lower down payment, MIP required.
  • VA: guaranteed, eligibility-based, funding fee rather than monthly mortgage insurance.

Liens and priority

Property tax liens take priority over other liens regardless of when they were recorded. Otherwise, priority generally follows recording order, which is why recording promptly matters.

Federal rules worth knowing cold

The Truth in Lending Act requires disclosure of the annual percentage rate and total cost of credit. RESPA governs settlement services and prohibits kickbacks for referrals. The Equal Credit Opportunity Act prohibits discrimination in lending on protected bases.

Traps that cost points

Confusing the note with the deed of trust.

The note is the debt. The deed of trust is the collateral pledge that secures it.

Assuming a recorded mortgage always outranks later liens.

Property tax liens jump ahead of everything.

Mixing up FHA insurance with VA guarantee.

FHA insures the lender against loss; VA guarantees a portion of the loan for eligible veterans.

Common questions

Is Tennessee a mortgage state or a deed-of-trust state?

Tennessee uses deeds of trust. A trustee holds title for the lender's benefit until the debt is paid, which allows the non-judicial foreclosure process the exam asks about.

What is the difference between the promissory note and the deed of trust?

The promissory note is the borrower's written promise to repay the debt. The deed of trust is the security instrument that pledges the property as collateral for that promise.

Which lien has first priority?

Property tax liens generally take priority over all other liens regardless of recording date. Other liens usually rank in the order they were recorded.

Practice it, don't reread it.

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