What a Tennessee refinance owes at the register of deeds
Whether Tennessee law puts a clock on refinancing
T.C.A. sec. 45-20-103(4): 'No lender shall knowingly or intentionally make a high-cost home loan that refinances, within thirty (30) months, an existing home loan or high-cost home loan of the borrower, when the new loan does not have a reasonable benefit to the borrower, considering all the circumstances, including the terms of both the new and refinanced loans, the economic and noneconomic circumstances, the cost of the new loan, and the borrower's circumstances.' The window is longer than North Carolina's or Ohio's, but the reach is narrower than either, and for two reasons that must always be stated together. First, it bites only on a high-cost home loan, defined at sec. 45-20-102(8) as one meeting or exceeding the rate threshold or the total points-and-fees threshold, where the rate threshold is HOEPA's (sec. 45-20-102(14), pointing at 15 U.S.C. sec. 1602(aa) and 12 CFR 226.32). Second, 'home loan' is itself capped by size: sec. 45-20-102(9)(A) requires that the principal 'does not exceed the lesser of the conforming loan size limit for a single-family dwelling as established by the federal national mortgage association, or three hundred fifty thousand dollars ($350,000)', and (9)(B) and (9)(C) add consumer purpose and a 1-to-4 unit dwelling occupied by the borrower as their principal dwelling. So the rule reaches only owner-occupied consumer loans of $350,000 or less that are also priced above HOEPA. (Tennessee Code Annotated sec. 45-20-103(4) (Tennessee Home Loan Protection Act), read 25 August 2026)
Loan limits in Tennessee
Fourteen of Tennessee's 95 counties carry a 2026 one-unit limit above the $832,750 baseline, all of them at $1,029,250 and all of them inside CBSA 34980, the Nashville-Davidson-Murfreesboro-Franklin MSA: Cannon, Cheatham, Davidson, Dickson, Hickman, Macon, Maury, Robertson, Rutherford, Smith, Sumner, Trousdale, Williamson and Wilson. Two-, three- and four-unit limits in those counties are $1,317,650, $1,592,700 and $1,979,350. The remaining 81 counties are at baseline. (Federal Housing Finance Agency, 2026 county loan limit file (HERA-based, final, flat), read 25 August 2026)
Who supervises mortgage lending in Tennessee
Tennessee Department of Financial Institutions (TDFI), Commissioner Greg Gonzales, 312 Rosa L. Parks Avenue, Nashville TN 37243, (615) 741-2236. Mortgage lenders, brokers, servicers and originators are licensed under the Tennessee Residential Lending, Brokerage and Servicing Act, T.C.A. Title 45, Chapter 13, with rules at Chapter 0180-17. Applications, amendments and renewals are filed through NMLS. The same department also supervises banks, credit unions, trust companies, BIDCOs, industrial loan and thrift companies, insurance premium finance companies, title pledge lenders, check cashers, deferred presentment services companies, money transmitters and flexible credit lenders. (Tennessee Department of Financial Institutions, read 25 August 2026)
A register of deeds here collects two separate state taxes, and they are not two halves of one charge. Different bases, different payers, different triggers, and a household replacing a home loan meets exactly one of them. Which one, and what it is measured against, settles most of what happens at that counter.
Two taxes at one window, owed by two different people
The first is struck on a transfer and falls on whoever receives the property: $0.37 per $100, paid by the grantee, on the greater of the consideration or the amount the property would command at a fair and voluntary sale (Tennessee Department of Revenue, Recordation Tax Manual, June 2026, read 25 August 2026). Nobody receives property in a refinance. Title sits where it sat, there is no grantee to name, and a tax needing one has no one to charge.
The second is struck on borrowing and falls on whoever is doing it: 11.5 cents per $100 of the indebtedness evidenced by a recorded deed of trust or mortgage, paid by the mortgagor, with the first $2,000 excluded (Tennessee Department of Revenue, Recordation Tax Manual, June 2026, read 25 August 2026). That one reaches this transaction, because the transaction produces exactly the thing it taxes: an instrument going on record stating what is owed against the property. Both are remitted through the same office under a single section of the revenue code, which is why they get read as one bill. The larger by a wide margin belongs to a sale; only the smaller belongs to a loan.
The instrument is taxed on what it declares, not on being new
Here is where this state parts company with those that charge for paperwork because the paperwork exists. The base is indebtedness, a running quantity rather than an occasion. Where a replacement instrument lifts what is owed past a maximum an earlier instrument already declared and already paid on, the Department's manual puts the charge on the increase alone, with the $2,000 exclusion not given a second time (Tennessee Department of Revenue, Recordation Tax Manual, June 2026, read 25 August 2026).
Turn that around and the ordinary case falls out of it. A borrower swapping one note for another of no greater size has not enlarged the quantity the tax is struck on. What is replaced is paper, and paper is not the base. Two cautions belong beside that. The office applying the rule to a particular instrument is your own county register, and it is a question to put to them rather than assume either way. And whether any city or county here levies something of its own on top could not be established from a publisher willing to stand behind it.
The filing charge is identical in all ninety-five counties, deliberately
Tax and fee are different animals, and the fee genuinely is flat: $12 (University of Tennessee County Technical Assistance Service, e-Li, Standard Fees (CTAS-794) and Data Processing Fee (CTAS-791), read 25 August 2026) to record a deed of trust of not more than two pages, at any register in the state. That sameness is not local custom converging. The statute setting the charge put aside the private acts under which individual counties had been allowed to add fees of their own, which is unusual enough that readers arriving from elsewhere expect to shop for it. It still accumulates quietly: pages past the second add to it, a further instrument lodged the same visit adds again, and a receipt is issued when the state tax is paid. None of that moves with the size of the loan.
The escrow figure that travels across a state line is measured differently
A new loan means a new escrow analysis, and this catches anyone who has owned elsewhere. The figure published here is struck per hundred dollars of assessed value, and assessed value is not what a house would sell for. Weighted across all ninety-five counties by the residential assessment each one holds, the county figure works out at 1.904% (Tennessee State Board of Equalization, 2025 Tax Aggregate Report of Tennessee (prepared by the Comptroller of the Treasury, Division of Property Assessments), read 25 August 2026) of assessed value. Read as a share of what the home is worth, that is four times too large, because a residence is assessed at 25 percent of value under article II, section 28 of the state constitution (Tennessee Attorney General Opinion No. 25-016, Classification of Residential Property, read 25 August 2026). City and special school district levies then ride on top of the county figure in most of the places people live, while a county whose last reappraisal is years behind the market works from a book value trailing it. Treat it as the shape of the thing, never a bill.
Tenants change the basis, not merely the underwriting
The classification producing that quarter share is written narrowly. Residential property is a dwelling holding not more than one rental unit, and property containing two or more rental units is defined by the state constitution as industrial and commercial property, assessed at 40 percent (Tennessee Attorney General Opinion No. 25-016, Classification of Residential Property, read 25 August 2026). A duplex whose owner lives on one side stays residential; the same duplex let out entirely does not. That belongs here rather than on a purchase page for a plain reason: this paperwork is signed by somebody who has held the building a while, and use can change over years in a way it cannot at a purchase closing.
Nothing is holding that figure down for owner-occupants
States assessing close to market value often hand back an exemption on the portion an owner lives in. This one does not: there is no homestead property tax exemption at all, and the dollar amounts searchers turn up under the homestead statute are a creditor exemption whose own text says it shall not operate against public taxes (Tennessee Comptroller of the Treasury, Property Tax Relief, read 25 August 2026). What exists instead is relief for low-income elderly and disabled owners, and for disabled veterans and their surviving spouses, which the Comptroller is careful to call a reimbursement and not an exemption: the bill still arrives and is still owed.
The clock recited above reaches fewer loans than its name suggests
The benefit test set out further up this page is current law, and quoting its window without the conditions attached turns a rule about a defined class of borrowing into a rule about everybody. Three conditions travel with it, and they travel together. It binds a high-cost home loan and nothing else, a priced category with a federal threshold behind it rather than a description of an ordinary loan. The definition of a home loan it lives inside is capped by principal size, and of the two size limits that definition names it takes the lesser, so the fixed dollar figure always binds and the conforming line counted in the loan limits section never does. And the security has to be a dwelling the borrower occupies as their principal dwelling, which lifts a rental and a second home out of the section altogether. It is a poor thing to quote at a loan it does not reach.
Who is at the other end of a request made here
BEDRWay writes no loans and services none. It is not a lender, it is not a broker, and it holds no licence from the department named further up, because the licence in question belongs to whoever puts a loan together. What a request submitted here does is put a licensed mortgage professional working in your state in front of you. Anything about price or structure is settled between the two of you and nowhere else.
Two limits on the above, stated rather than buried. Nothing here is a price: what a lender, a title company or a closing agent charges is set firm by firm, no publisher stands behind a statewide number for it, and none of it appears on this page. And nothing here suggests whether the moment is a sensible one, in this state or any other. That silence is something this site holds itself to.
Sources on this page were last read on 2026-08-25.