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Subcommittee advances foreclosure notice overhaul with online posting requirement and phased print reduction
Summary
House Bill 1127, with amendment 68 98, would reduce required newspaper publications for foreclosure notices and require online posting; the Tennessee Press Association opposed the change at the hearing. The measure moved to full judiciary.
April 2025 — The Civil Justice Subcommittee voted to advance House Bill 1127 as amended, a measure that phases changes to how foreclosure notices are published and requires trustees to post foreclosure listings online prior to sales.
Sponsor remarks said the bill would phase down newspaper publication from three times to two times and then, after two years, reduce the requirement to one paper notice. The bill's amendment requires online posting of foreclosure notices for 20 continuous days before a sale, requires notice in the newspaper to include the website address where the online listing appears, and tasks the Secretary of State with maintaining a list of third-party websites used for online foreclosure postings. The sponsor and supporters said trustees could still choose to post in newspapers when appropriate and that the change would reduce costs passed to homeowners.
Representatives of Tennessee newspapers, including Dave Gould of Mainstream Media of Tennessee and Mark Millsaps of the Tennessee Press Association, testified in opposition. They said many rural residents rely on print newspapers and that a longstanding statewide public-notice website run by newspapers (tmpublicnotices.com) already posts notices free of charge. "People still read the print version of our newspapers and they know exactly where to find legal and foreclosure notices," Gould said, adding concern that the proposed third-party posting requirement left pricing and site definitions open and could shift revenue away from local papers.
A witness identified as representing out-of-state banks and trustees defended the proposal, saying Arkansas has used online posting for more than a decade with a reported stable cost (cited at about $275 per online posting) and that newspaper costs for multiple publications can range widely and be burdensome for homeowners.
The clerk recorded 5 ayes, 1 no and 1 present-not-voting; the bill was advanced to full judiciary as amended.
Background: Supporters framed the change as modernization and reduced cost for homeowners; newspapers warned of reduced exposure for notices, undefined third-party vendors, and potential higher costs.
