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HB0323 • 2026

Real Property

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

Active

The official status still shows this bill as active or still awaiting another formal step.

Sponsor
Bricken, Bailey
Last action
2025-03-04
Official status
Sponsor change.
Effective date
Not listed

Plain English Breakdown

Checked against official source text during the last sync.

Changing Proof Requirements for Foreclosure Sales

This bill changes the evidence needed to prove that a foreclosure sale price was unfair.

What This Bill Does

  • Changes the type of proof required when someone tries to show that a property sold at a foreclosure sale was not worth what it was sold for.
  • Requires people who think a foreclosure sale price is too low to provide stronger evidence, called 'clear and convincing evidence'.
  • Modifies Tennessee law about how much proof is needed in certain legal cases involving foreclosures.

Who It Names or Affects

  • People who buy or sell property at foreclosure sales.
  • Lawyers involved in foreclosure cases.

Terms To Know

preponderance of the evidence
The amount of proof needed to show something is more likely true than not true.
clear and convincing evidence
A higher level of proof that shows something is highly probable or certain.

Limits and Unknowns

  • Does not say how the change will affect past foreclosure sales.
  • The bill does not explain what happens if someone cannot provide 'clear and convincing evidence'.

Bill History

  1. 2025-03-24 Tennessee General Assembly

    Assigned to General Subcommittee of Senate Judiciary Committee

  2. 2025-03-19 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/24/2025

  3. 2025-03-11 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 3/25/2025

  4. 2025-03-05 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/11/2025

  5. 2025-03-04 Tennessee General Assembly

    Sponsor change.

  6. 2025-03-04 Tennessee General Assembly

    Sponsor(s) withdrawn.

  7. 2025-03-04 Tennessee General Assembly

    Sponsor(s) Added.

  8. 2025-02-10 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Judiciary Committee

  9. 2025-02-03 Tennessee General Assembly

    Assigned to s/c Business & Utilities Subcommittee

  10. 2025-02-03 Tennessee General Assembly

    P2C, ref. to Commerce Committee

  11. 2025-01-27 Tennessee General Assembly

    Intro., P1C.

  12. 2025-01-27 Tennessee General Assembly

    Introduced, Passed on First Consideration

  13. 2025-01-24 Tennessee General Assembly

    Filed for introduction

  14. 2025-01-22 Tennessee General Assembly

    Filed for introduction

Official Summary Text

Abstract summarizes the bill.

Current Bill Text

Read the full stored bill text
SENATE BILL 285
By Bailey

HOUSE BILL 323
By Bricken

HB0323
001719
- 1 -

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

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 35-5-117(c), is amended by deleting
the language "a preponderance of the evidence" and substituting "clear and convincing
evidence".
SECTION 2. This act takes effect July 1, 2025, the public welfare requiring it.