Tennessee House Bill HB1344

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23

Caption

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.

Impact

If enacted, HB1344 will significantly impact the protocols surrounding real estate transactions in Tennessee. By requiring a licensed professional to prepare deeds, the bill seeks to reduce errors and fraudulent dealings in property transfers. Furthermore, under the proposed law, county registers are obligated to refuse registration of any deed not prepared by an authorized individual, which could enhance public confidence in property records and potentially decrease litigation over property ownership disputes.

Summary

House Bill 1344 aims to amend certain sections of the Tennessee Code related to the conveyance of real property. The bill mandates that all deeds of conveyance must be prepared by a licensed attorney, a title insurance agent, or the owner of the real property. This stipulation aims to ensure that real estate transactions are completed with appropriate legal oversight. Additionally, the bill requires that the deed be recorded in the county where the property is located, thereby enhancing the accountability and legal robustness of property transactions.

Contention

However, the bill has raised some concerns regarding its impact on accessibility for individuals who might prefer to handle their real estate transactions without professional assistance. Critics argue that requiring a licensed attorney or title insurance agent may impose a financial burden on average citizens, thereby limiting their ability to manage property conveyances independently. There is a debate about balancing the need for oversight with the right to conduct personal business without mandated professional involvement.