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~tate of utennessee
PUBLIC CHAPTER NO. 515
HOUSE BILL NO. 1127
By Representatives Farmer, Behn, Bricken
Substituted for: Senate Bill No. 727
By Senator Lowe
AN ACT to amend Tennessee Code Annotated, Title 35, relative to foreclosure notices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 35-5-101, is amended by deleting the
section and substituting:
(a) In any 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, advertisement of the sale must be made:
(1) At least two (2) times in a newspaper published in the county where
the sale is to be made; and
(2) By a posting online by a third-party internet posting company for at
least twenty (20) continuous days. A posting made pursuant to this subdivision
(a)(2) must be posted online in a manner such that the posting is publicly
viewable to general internet users.
(b) The initial publication in a newspaper must be at least twenty (20) days
previous to the sale.
(c) This section does not apply:
(1) Where the amount of indebtedness for the payment of which the
property being sold does not amount to more than two hundred dollars ($200), in
which event the owner of the property may order that advertisement be made by
written notices posted as provided in § 35-5-103 and subdivision (a)(2), instead
of by notices published in a newspaper; or
(2) To any notice published in accordance with any contract entered into
heretofore, and expressed in a mortgage, deed of trust, or other legal
instruments.
(d) In any 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 of
process, the trustee or other party that sells the property shall send to the debtor and
any co-debtor a copy of the notice required in § 35-5-104. The notice must be sent on or
before the first date of publication provided in subsection (b) by registered or certified
mail, return receipt requested. The notice must be sent to the following:
(1) If to the debtor, addressed to the debtor at:
(A) The mailing address of the property, if any; and
(B) The last known mailing address of the debtor or any other
mailing address of the debtor specifically designated for purposes of
receiving notices provided at least thirty (30) days prior to the first
publication date in written correspondence or written notice in accordance
with the loan agreement from the debtor to the creditor, but only if the last
known mailing address of the debtor or other mailing address designated
by the debtor is different from the mailing address of the property; and
HB1127
(2) If to a co-debtor, addressed to the co-debtor at the last known mailing
address of the co-debtor or any other mailing address of the co-debtor
specifically designated for purposes of receiving notices provided at least thirty
(30) days prior to the first publication date in written correspondence or written
notice in accordance with the loan agreement from the co-debtor to the creditor,
but only if the last known mailing address of the co-debtor or other mailing
address designated by the co-debtor is both different from the mailing address of
the property and different from the mailing address of the debtor determined as
provided in subdivision (d)(1 )(B).
(e) Unless postponement or adjournment is contractually prohibited, any sale
hereunder may be adjourned and rescheduled one (1) or more times without additional
newspaper publication, upon compliance with the following provisions:
(1) The sale must be held within one (1) year of the originally scheduled
date;
(2) Each postponement or adjournment must be set to a specified date
and time, and must be announced by posting with the third-party internet posting
company and announced at the date, time, and location of each scheduled sale
date; provided, however, that if the sale is postponed or adjourned for less than
five (5) days after the original sale, announcement by internet posting is not
required;
(3) If the postponement or adjournment is for more than thirty (30) days,
notice of the new date, time, and location must be mailed no less than (10)
calendar days prior to the sale date via regular mail to the debtor and co-debtor;
and
(4) Notice of the right to postpone or adjourn without additional
newspaper publication shall not be required to be published in any newspaper
publication.
(f)
(1) A third-party internet posting company shall submit the company's
root domain website address to the publications division of the secretary of
state's office prior to conducting business pursuant to subdivision (a)(2). A third-
party internet posting company shall promptly notify the publications division of
the secretary of state's office of any change in the company's website address.
(2) The publications division of the secretary of state's office shall 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.
(3) A third-party internet posting company may be held liable for any
damages resulting from the company's failure to comply with this subsection (f).
(g) As used in this section, "location" means:
(1) The physical place where a sale is being conducted; or
(2) The website of the internet-based bidding platform, if a sale is being
conducted online.
SECTION 2. Tennessee Code Annotated, Section 35-5-103, is amended by deleting the
section and substituting:
Whenever the advertisement cannot be made in a newspaper, the officer shall
make publication of the sale as provided under§ 35-5-101 (a)(2).
SECTION 3. Tennessee Code Annotated, Section 35-5-104(a), is amended by adding
the following as a new subdivision:
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(7) Identify the website of the third-party internet posting company that posts an
advertisement pursuant to § 35-5-101 (a)(2).
SECTION 4. Tennessee Code Annotated, Section 35-5-105, is amended by deleting the
section and substituting:
If the printer will not make the publication for the rates provided in § 8-21-1301,
then the officer or person conducting the sale shall make publication by written notices
as provided in§§ 35-5-101 (a)(2) and 35-5-104.
SECTION 5. This act takes effect July 1, 2025, the public welfare requiring it.
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HOUSE BILL NO. 1127
PASSED: April 17, 2025
CAMEROt:TSEXTON,SPEAKER
HOUSE OF REPRESENTATIVES
,<__ ~ t i ~ ..l.1 "'----
RANDY MCNA~y
'
SPEAKER OF THE SENATE
fV'.\a.1 :J.. tsr APPROVED this 2025
day of
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BILL LEE, GOVERNOREvery fact on this page links to its source, starting with the official bill record.