Tennessee House Bill HB1355

Tennessee 2023-2024 Regular Session

• Introduced: 1/31/23
• Refer: 2/2/23
• Refer: 2/14/23

Caption

AN ACT to amend Tennessee Code Annotated, Title 35, relative to foreclosure sales.

Impact

The bill alters existing sections of the Tennessee Code Annotated, enhancing the process for public notices required during foreclosure sales. One notable change is the introduction of a flat fee for postings on the secretary of state's website, which is set at $200. Further, by mandating that public notices must be posted online and allowing for reduced requirements regarding newspaper publications in certain circumstances, the bill aims to ensure that information reaches a broader audience while also potentially reducing costs for foreclosing parties.

Summary

House Bill 1355 proposes significant amendments to the public notice requirements concerning foreclosure sales in Tennessee. Specifically, the bill seeks to change how notifications are disseminated when a property is subject to a foreclosure sale due to unpaid debts. Under the new provisions, public notice must be given at least twenty days before the sale, and it stipulates that the notice can primarily be posted on the secretary of state's website, with an option for publication in a newspaper if available. This dual approach aims to increase the accessibility of information regarding upcoming foreclosure sales.

Contention

However, the proposed changes have sparked some debate. Critics of the bill argue that relying mainly on online postings could disenfranchise certain segments of the population who may not have reliable internet access or who are unaware of where to find such postings. This concern highlights a tension between modernizing practices and ensuring equitable access to information for all individuals involved in foreclosure processes. Additionally, the requirement to notify interested parties via certified mail further emphasizes the need for clear communication throughout the foreclosure process.