Bill > SB0285

This bill amends Tennessee Code by changing the legal standard of proof in foreclosure sale disputes from "a preponderance of the evidence" to "clear and convincing evidence." In legal terms, this means that when a debtor tries to prove that a property was sold at a foreclosure sale for significantly less than its fair market value, they must now meet a higher burden of proof. A "preponderance of the evidence" standard typically requires showing that something is more likely than not (over 50% probability), whereas "clear and convincing evidence" is a more stringent standard that requires a much higher level of certainty and persuasiveness, making it more difficult for debtors to challenge foreclosure sale prices. The bill will take effect on July 1, 2025, and appears designed to provide greater protection or certainty for parties conducting foreclosure sales by raising the evidentiary bar for challenging the sale's fairness.

Justice

https://wapp.capitol.tn.gov/apps/Billinfo/default.aspx?BillNumber=SB0285&ga=114