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Tennessee General Assembly· SB 727Companion House Bill substituted

Real Property - As enacted, revises 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 order, the official text

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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:

                                                                 2
HB1127
                    (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.

                                                                  3
         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

  l?n', (fit

BILL LEE, GOVERNOR
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