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Issue · Housing

Housing (Mortgages)

Every housing bill, vote, and legislator stance in Tennessee, automatically classified by Maddy, our AI policy reader.

TN Legislature US Congress
Total bills
2
114th Regular Session (2025-2026)
Top supporter
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no data yet
Top opponent
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Ranked legislators
0
0 support · 0 oppose
Showing 2 of 2 bills

All housing bills

died · Tennessee · House Mar 4, 2025

HB 323: 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.

HB 323 would change the standard of proof required for homeowners to challenge foreclosure sale prices in Tennessee. Currently, debtors only need to show the sale price was below fair market value by a "preponderance of the evidence" (more likely than not). The bill would raise this standard to "clear and convincing evidence," making it harder for homeowners to rebut the legal presumption that foreclosure sale prices equal fair market value. This change would take effect July 1, 2025, and directly affects homeowners seeking to contest foreclosure sales.
Topics ✗ HousingOpposes HousingRaises burden of proof for homeowners challenging foreclosure sales, making it harder to rebut unfair sale prices and weakening tenant protections in housing security cases.90% confidence
Sub-Topics Mortgages
in committee · Tennessee · Senate Mar 24, 2025

SB 285: 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.
Topics ✗ HousingOpposes HousingBill raises burden of proof for homeowners challenging foreclosure sales, weakening property rights protection in housing context.90% confidence
Sub-Topics Mortgages