Real Property - As introduced, changes from a preponderance of the evidence to clear and convincing evidence the burden of proof for a debtor to prove that property sold at a foreclosure sale for an amount materially less than the fair market value in order to rebut the presumption that the foreclosure sale price of the property was equal to the fair market value at the time of sale. - Amends TCA Title 35.
SB 285 changes the legal standard debtors must meet to challenge foreclosure sale prices in Tennessee. It replaces the current "preponderance of the evidence" requirement with a higher "clear and convincing evidence" standard, making it harder for homeowners to prove their property was sold for significantly less than fair market value. This directly affects debtors seeking to rebut the legal presumption that foreclosure sale prices reflect fair market value. The bill amends Tennessee Code Annotated, Title 35, Section 35-5-117(c), and takes effect July 1, 2025.
Bill status
in committee
1 of 4 stages cleared
Introduction
Jan 2025
Committee Review
Floor Vote
Governor
Introduced Jan 27, 2025
Last action Mar 24, 2025
Floor votes
How they voted
No floor votes recorded yet.
Full legislative history
Actions timeline
Total actions
7
Key actions
3
Committee
5
Mar 24, 2025
Committee
Assigned to General Subcommittee of Senate Judiciary Committee
lower
Mar 19, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 3/24/2025
lower
Mar 11, 2025
Lower · Passed
Action deferred in Senate Judiciary Committee to 3/25/2025
lower
Mar 5, 2025
Lower · Passed
Placed on Senate Judiciary Committee calendar for 3/11/2025
lower
Feb 10, 2025
Committee
Passed on Second Consideration, refer to Senate Judiciary Committee
upper
Jan 27, 2025
Introduced
Introduced, Passed on First Consideration
lower
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Paul Bailey
RRepublican
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