Bill > HB0323

This bill modifies Tennessee's foreclosure sale laws by changing the standard of proof for challenging the fairness of a foreclosure sale's price from "preponderance of the evidence" to "clear and convincing evidence". In legal terms, preponderance of the evidence means that a claim is more likely than not true (over 50% likelihood), while clear and convincing evidence is a higher standard requiring a much stronger demonstration of proof (substantially more likely to be true). This change makes it more difficult for a debtor to prove that a foreclosure property was sold for significantly less than its fair market value. Specifically, the bill amends Tennessee Code Annotated, Section 35-5-117(c), raising the evidentiary bar for challenging foreclosure sale prices. The bill is set to take effect on July 1, 2025, and was likely designed to provide greater protection or certainty for property sellers and foreclosure proceedings by making it harder to overturn foreclosure sale prices.

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https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=HB0323&ga=114