Tennessee 2023-2024 Regular Session

Tennessee House Bill HB2430

Introduced
1/30/24  

Caption

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

Impact

The impact of HB2430 on state laws is significant, as it alters how public notices are managed in foreclosure proceedings. By allowing notification to be posted online, it reduces reliance on print media, which is especially pertinent in rural areas where newspapers may not be locally published. This shift to a digital-first approach aims to ensure that notice is still widely disseminated while also potentially reducing costs associated with newspaper advertisements. Additionally, the bill specifies that notices must be sent by registered or certified mail to debtors and co-debtors, ensuring they are directly informed of proceedings affecting their properties.

Summary

House Bill 2430 primarily aims to revise the procedures regarding foreclosure sales in Tennessee. The bill modifies Tennessee Code Annotated, Title 35, to establish more streamlined protocols for public notice concerning foreclosure sales. Notably, it mandates that the foreclosing party must publicly notify the sale at least 20 days in advance and specifies methods for this notification, which can include publication in local newspapers and posting on the Secretary of State's website. The changes are intended to improve transparency in the foreclosure process, facilitating better communication to affected parties.

Sentiment

The sentiment surrounding HB2430 appears generally favorable among proponents who see the modernization of foreclosure processes as necessary in adapting to technological advancements. Supporters argue that the bill's online notice provisions will facilitate a more efficient and transparent system. Conversely, there are concerns from certain stakeholders about the adequacy of online notifications, especially among populations that may not have easy internet access or are unaware of these digital notice methods. This dichotomy highlights a broader societal conversation on balancing technological progress with inclusion and access.

Contention

Points of contention focus on the implications of moving to an online-based notification system. Critics argue that relying heavily on digital platforms could disenfranchise those without internet access, such as elderly populations or rural residents. There are also discussions around the effectiveness of online notifications compared to traditional newspaper publications in ensuring that affected parties receive timely and effective notice. As the bill progresses, these concerns could potentially lead to amendments aimed at strengthening the notification processes to ensure they are equitable.

Companion Bills

TN SB2899

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

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AN ACT to amend Tennessee Code Annotated, Title 1, Chapter 3; Section 2-3-107; Title 4, Chapter 29, Part 2; Section 8-35-242; Section 8-38-126; Section 9-8-203; Section 10-7-504; Section 37-1-408 and Title 49, relative to charter schools.

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