Tennessee House Bill HB0097

Tennessee 2023-2024 Regular Session

• Introduced: 1/11/23
• Refer: 1/20/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 13; Title 35; Title 39, Chapter 17; Title 45; Title 47; Title 66 and Section 67-4-409, relative to property.

Impact

The introduction of a property fraud alert program is poised to significantly impact property owners in Tennessee. By enabling homeowners to register their information and receive notifications whenever documents concerning their property are recorded, the bill seeks to provide an additional layer of security against fraud attempts. However, the requirement of adequate funding from the county legislative body for implementation may lead to disparities in availability across different counties, potentially restricting access for some property owners.

Summary

House Bill 0097 aims to amend various sections of the Tennessee Code Annotated related to property laws, particularly concerning property fraud. Notably, the bill reclassifies certain offenses related to property fraud as a Class D felony, enhancing the penalties associated with these violations. The overarching goal of the bill is to bolster protections against property and mortgage fraud by establishing a property fraud alert program that county offices of register of deeds are mandated to offer at no cost to property owners, contingent on local funding appropriations.

Sentiment

The sentiment surrounding HB 0097 appears to be supportive among legislators concerned with property rights and fraud prevention. Advocates argue that the legislation would empower property owners and enhance awareness about property fraud threats. However, some concerns have been raised regarding the feasibility of the funding requirements, as financial constraints could limit the bill's effectiveness in certain counties. Despite this concern, the general view leans towards the bill being a necessary measure for protecting property owners.

Contention

A notable point of contention within HB 0097 is the imposition of the fraud alert program as optional, dependent on local legislative appropriations for funding. Critics argue that this could lead to an inconsistent rollout across counties, with some areas potentially lacking critical fraud protection services. Furthermore, the elevation of certain property fraud-related offenses to a Class D felony could be viewed as either a necessary deterrent or an overreaction, depending on perspectives regarding crime and punishment within the community.