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SB 727

Tennessee - Session 114

Senate enacted 2025-05-27
Bill Details

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

Summary

ON APRIL 15, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1127, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law relative to advertising the sale of land to foreclose a deed of trust, mortgage, or other lien securing the payment of money or other thing of value or under judicial orders or process :  Requires such advertisement to be made at least two times in a newspaper published in the county where the sale is to be made .  Requires such advertisement to also be made b y a posting online by a third-party internet posting company for at least 20 continuous days. A posting so made must be posted online in a manner such that the posting is publicly viewable to general internet users.  Requires the initial publication in a newspaper to be at least 20 days previous to the sale.  Requires each postponement or adjournment in which additional newspaper publication is not required (i) to be set to a specified date and time and (ii) to be announced by posting with the third-party internet posting company and announced at the date, time, and location of each scheduled sale date . H owever, if the sale is postponed or adjourned for less than five days after the original sale, announcement by internet posting is not required .  Requires a third-party internet posting company to submit the company's root domain website address to the publications division of the secretary of state's office prior to conducting business. A third-party internet posting company must promptly notify the publications division of the secretary of state's office of any change in the company's website address.  Requires the publications division of the secretary of state's office to create a listing on the secretary of state's website of all third-party internet posting companies and the website address for each third-party internet posting company.  Authorizes a third-party internet posting company to be held liable for any damages resulting from the company's failure to comply with this amendment .  Defines, for purposes of such publication law, "location"" as (i) t he physical place where a sale is being conducted or (ii) t he website of the internet-based bidding platform, if a sale is being conducted online.  Revises present law relative to an officer posting written notices whenever the advertisement cannot be made in a newspaper such that the publication of the sale by the officer must be made by posting online by a third-party internet posting company as described above.  Requires the advertisement or notice to i dentify the website of the third-party internet posting company that posts the advertisement .  Provides that if the printer will not make the publication of the notice for the rates provided in law, then the officer or person c onducting the sale must make publication by written notices as provided in this amendment."

Sponsor
Adam Lowe
Official Source Back to Bills
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Actions Timeline
Date Event Detail
2025-02-04 Introduced Bill introduced
2025-05-21 Status enacted
2025-05-27 Latest Action Effective date(s) 07/01/2025
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