Section 1240-02-05-.10 - EFFECT OF FINAL ORDER/CONVEYANCE OF TITLE(1) A final order of seizure or a sale of the obligor's property pursuant to this Chapter shall be effective to convey and vest title of all assets subject to the order in the Department or in the purchaser that are not inferior to any interest described in 1240-2-5-.05 or subject to the provisions of 1240-2-5-.06(5).(2) Following the expiration of time for any appeals of the final order of seizure or sale, the Commissioner or the Commissioner's agent may convey title to personal property by a final order of disposition of assets or by executing a certificate of title or may execute a quitclaim deed conveying title to real property to the purchaser. The purchaser shall be responsible for all costs of recording title to the property conveyed by the Commissioner.(3) Until real estate is sold, the Commissioner or his or her delegate may, in the exercise of his or her discretion and if such action is deemed to be in the best interest of the Department or the obligee, lease such property to the obligor or any other person considered to be an acceptable lessee by the Commissioner or his or her delegate.(4) In cases where real estate has or may become the property of the Department in payment of or security for a support obligation and such obligation shall have been paid, together with any interest, penalties and costs thereon, to the Department at any time from the date of the acquisition of such real estate to the date of sale of such to another person, the Commissioner or his or her delegate may release by deed, or otherwise convey, such real estate to the obligor from whom it was taken, or to his or her heirs or other legal representatives.(5) The Commissioner or his or her delegate shall account for the proceeds of all sales or leases, or releases of the property and for all expenses connected with the maintenance, sale, lease or release of the property, and the net proceeds shall be paid over by the Commissioner or the delegate and distributed as required by law and by the support orders of the court.Tenn. Comp. R. & Regs. 1240-02-05-.10
Original rule filed December 18, 2001; effective March 3, 2002.Authority: T.C.A. §§ 4-5-202;36-5-901et seq., 36-5-905(f), and 36-5-912.