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HB1127 • 2026

Real Property

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

Active

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

Sponsor
Farmer, Lowe
Last action
2025-05-27
Official status
Effective date(s) 07/01/2025
Effective date
Not listed

Plain English Breakdown

The official summary text does not provide specific details about penalties or consequences if a third-party company fails to comply.

Foreclosure Notice Requirements

This bill changes how notices for land sales to foreclose on mortgages or other debts must be advertised in newspapers and online.

What This Bill Does

  • Requires foreclosure sale advertisements to appear at least twice in a local newspaper.
  • Adds the requirement that these ads also be posted online by a third-party company for at least 20 days.
  • Specifies that initial publication in a newspaper must happen at least 20 days before the sale date.
  • Sets rules for postponing or rescheduling sales, requiring announcements both online and in newspapers if the delay is more than five days.
  • Establishes requirements for third-party internet posting companies to register their website addresses with the state.

Who It Names or Affects

  • People who need to sell land due to foreclosure.
  • Newspapers that publish these notices.
  • Third-party internet posting companies that handle online advertisements.

Terms To Know

third-party internet posting company
A company that posts foreclosure sale information on the internet for a fee.
root domain website address
The main web address of a company's website, like www.example.com.

Limits and Unknowns

  • Does not specify what happens if a third-party posting company does not comply with the new rules.
  • It is unclear how this will affect small towns without local newspapers or internet access.
  • The bill does not address situations where both newspaper and online postings are unavailable.

Amendments

These notes stay tied to the official amendment files and metadata from the legislature.

Amendment 1-0 to HB1127

Plain English: The amendment changes how foreclosure notices are advertised by adding an online posting requirement in addition to newspaper publication.

  • Adds a new requirement for foreclosures to be advertised online by a third-party internet posting company for at least twenty continuous days, alongside the existing newspaper advertisement requirement.
  • Specifies that the initial newspaper publication must occur at least twenty days before the sale date.
  • Requires trustees or other parties selling property in foreclosure to send notice of the sale via certified mail to debtors and co-debtors at least thirty days prior to the first publication date.
  • The amendment text does not specify all details about how third-party internet posting companies will be regulated or held accountable, leaving some aspects unclear.
Amendment 1-0 to SB0727

Plain English: The amendment changes how foreclosure notices are advertised by requiring online posting for at least twenty days and mailing a copy of the notice to debtors and co-debtors.

  • Adds a requirement that foreclosure sale advertisements must be posted online by a third-party internet company for at least twenty continuous days.
  • Requires sending a copy of the notice required in § 35-5-104 to the debtor and any co-debtor via registered or certified mail before the first date of publication.
  • Allows postponement or adjournment of sale dates without additional newspaper publication, provided certain conditions are met.
  • The amendment text is detailed and includes multiple sections that modify existing laws. Some specific legal terms may be unclear to a general audience.
Amendment 2-0 to SB0727

Plain English: The amendment changes how foreclosure notices are advertised in Tennessee by reducing newspaper publication requirements while increasing online posting requirements.

  • Reduces the number of required newspaper publications for foreclosures from at least two times to one time after July 1, 2027.
  • Increases the requirement for an online posting by a third-party internet company for at least twenty continuous days.
  • Adds requirements for third-party internet posting companies to submit their website addresses and be listed on the secretary of state's website.
  • The amendment does not specify how changes will affect existing contracts or agreements that require more extensive notice procedures.

Bill History

  1. 2025-05-27 Tennessee General Assembly

    Effective date(s) 07/01/2025

  2. 2025-05-27 Tennessee General Assembly

    Pub. Ch. 515

  3. 2025-05-27 Tennessee General Assembly

    Comp. became Pub. Ch. 515

  4. 2025-05-21 Tennessee General Assembly

    Signed by Governor.

  5. 2025-05-09 Tennessee General Assembly

    Transmitted to Governor for his action.

  6. 2025-05-08 Tennessee General Assembly

    Signed by Senate Speaker

  7. 2025-04-30 Tennessee General Assembly

    Signed by H. Speaker

  8. 2025-04-23 Tennessee General Assembly

    Enrolled; ready for sig. of H. Speaker.

  9. 2025-04-21 Tennessee General Assembly

    H. Placed on Message Calendar 4/22/2025

  10. 2025-04-17 Tennessee General Assembly

    Passed Senate, Ayes 28, Nays 2, PNV 1

  11. 2025-04-17 Tennessee General Assembly

    Amendment withdrawn. (Amendment 1 - SA0184)

  12. 2025-04-17 Tennessee General Assembly

    Amendment withdrawn. (Amendment 2 - SA0350)

  13. 2025-04-17 Tennessee General Assembly

    Senate substituted House Bill for companion Senate Bill.

  14. 2025-04-17 Tennessee General Assembly

    Companion House Bill substituted

  15. 2025-04-16 Tennessee General Assembly

    Received from House, Passed on First Consideration

  16. 2025-04-15 Tennessee General Assembly

    Engrossed; ready for transmission to Sen.

  17. 2025-04-15 Tennessee General Assembly

    Passed H., as am., Ayes 83, Nays 10, PNV 2

  18. 2025-04-15 Tennessee General Assembly

    Sponsor(s) Added.

  19. 2025-04-15 Tennessee General Assembly

    H. adopted am. (Amendment 1 - HA0382)

  20. 2025-04-15 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/17/2025

  21. 2025-04-10 Tennessee General Assembly

    H. Placed on Regular Calendar for 4/14/2025

  22. 2025-04-10 Tennessee General Assembly

    Senate Reset on calendar for 4/17/2025

  23. 2025-04-09 Tennessee General Assembly

    Placed on cal. Calendar & Rules Committee for 4/10/2025

  24. 2025-04-09 Tennessee General Assembly

    Rec. for pass. if am., ref. to Calendar & Rules Committee

  25. 2025-04-08 Tennessee General Assembly

    Placed on Senate Regular Calendar for 4/10/2025

  26. 2025-04-02 Tennessee General Assembly

    Placed on cal. Judiciary Committee for 4/9/2025

  27. 2025-04-02 Tennessee General Assembly

    Rec for pass if am by s/c ref. to Judiciary Committee

  28. 2025-04-02 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 5, Nays 4 PNV 0

  29. 2025-04-01 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/2/2025

  30. 2025-04-01 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/2/2025

  31. 2025-03-31 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 4/1/2025

  32. 2025-03-31 Tennessee General Assembly

    Action deferred in Senate Judiciary Committee to 4/1/2025

  33. 2025-03-26 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 4/2/2025

  34. 2025-03-26 Tennessee General Assembly

    Action Def. in s/c Civil Justice Subcommittee to 4/2/2025

  35. 2025-03-26 Tennessee General Assembly

    Placed on Senate Judiciary Committee calendar for 3/31/2025

  36. 2025-03-19 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 3/26/2025

  37. 2025-03-19 Tennessee General Assembly

    Action Def. in s/c Civil Justice Subcommittee to 3/26/2025

  38. 2025-03-19 Tennessee General Assembly

    Sponsor(s) Added.

  39. 2025-03-18 Tennessee General Assembly

    Recommended for passage with amendment/s, refer to Senate Judiciary Committee Ayes 5, Nays 3 PNV 0

  40. 2025-03-13 Tennessee General Assembly

    Placed on Senate Commerce and Labor Committee calendar for 3/18/2025

  41. 2025-03-12 Tennessee General Assembly

    Placed on s/c cal Civil Justice Subcommittee for 3/19/2025

  42. 2025-03-11 Tennessee General Assembly

    Placed on Senate Commerce and Labor Committee calendar for 3/18/2025

  43. 2025-03-11 Tennessee General Assembly

    Action deferred in Senate Commerce and Labor Committee to 3/18/2025

  44. 2025-03-05 Tennessee General Assembly

    Assigned to s/c Civil Justice Subcommittee

  45. 2025-03-05 Tennessee General Assembly

    Ref. to Judiciary Committee

  46. 2025-03-05 Tennessee General Assembly

    Placed on Senate Commerce and Labor Committee calendar for 3/11/2025

  47. 2025-02-12 Tennessee General Assembly

    P2C, caption bill, held on desk - pending amdt.

  48. 2025-02-12 Tennessee General Assembly

    Passed on Second Consideration, refer to Senate Commerce and Labor Committee

  49. 2025-02-10 Tennessee General Assembly

    Intro., P1C.

  50. 2025-02-10 Tennessee General Assembly

    Introduced, Passed on First Consideration

  51. 2025-02-05 Tennessee General Assembly

    Filed for introduction

  52. 2025-02-04 Tennessee General Assembly

    Filed for introduction

Official Summary Text

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.

Current Bill Text

Read the full stored bill text 
SENATE BILL 727
By Lowe

HOUSE BILL 1127
By Farmer

HB1127
002675
- 1 -

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 35-5-114(d), is amended by deleting
"ten (10) business days prior" and substituting "twelve (12) business days prior".
SECTION 2. This act takes effect upon becoming a law, the public welfare requiring it.