Tennessee | Action Alert – SB 1299 HB 1920 State Bills Would Reduce Foreclosure Notices

State Bills Would Reduce Foreclosure Notices

A bill making its way through the Tennessee Legislature would give homeowners less advance warning before their homes are sold at a foreclosure auction.

State Sen. Jack Johnson, R-Franklin, and state Rep. Jimmy Matlock, R-Lenoir, have filed companion bills that would allow lenders to publish only one newspaper notice – instead of the current three – announcing that a mortgage is in default and a home is headed to the auction block.

The Tennessee House Judiciary Committee is scheduled to vote on the bill Tuesday.

Under the proposed legislation, a common description of the property wouldn’t be required to be included in the new notices. Also, any errors or “defects” in the new notices would not prevent the foreclosure sale from going forward.

Check out the rest here…

Bill Summary

*SB 1299 by *Johnson. (HB 1920 by *Matlock, Fitzhugh, Pitts, Sexton, Montgomery, Casada, Sargent, Harmon, Johnson C.)

Civil Procedure – As introduced, amends the requirement of advertisement for judicial or trust sales to one publication in the county where the sale is to be made and alters the description required in such advertisement. – Amends TCA Title 35, Chapter 5.

Fiscal Summary

NOT SIGNIFICANT

Bill Summary

Under present law, in any sale of land to foreclose a deed of trust, mortgage or other lien securing the payment of money or other thing of value or under judicial orders or process, advertisement of the sale must be made at least three different times in some newspaper published in the county where the sale is to be made. This bill decreases the number of times the advertisement must be published from three to one.

Present law requires that the advertisement or notice:
(1) Give the names of the plaintiff and defendant, or parties interested;
(2) Describe the land in brief terms, including the street address if available; and
(3) Mention the time and place of sale.

This bill revises (2) to require that the advertisement or notice give a concise description of the land; such description means a reference to the deed book and page that contains the complete legal description of the property, and may also include a common description of the property, which may include, if available, the street name, number and map and parcel number. The description of the land must contain only the reference to the legal description of the property, and does not have to contain the full legal description contained in the deed book. Any error or defect in the common description of the land will not in any way void any sale of the land.

Contact the legislature today…

Any legislator may be reached at 1-800-449-8366, then enter the last five digits of their office phone number.

Numbers can be found here…

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4closureFraud.org

Comments
14 Responses to “Tennessee | Action Alert – SB 1299 HB 1920 State Bills Would Reduce Foreclosure Notices”
  1. Ali says:

    Is that guy living in a cave? Maybe he would be happier with slumlords owning property next door to him, boy have we ahd our share of that! That exactly why we bought. Now we are going to be slaves of inscupulus landlord who refuse to maintain their property, and get cheated out of maintenance and security deposits, again. Over my dead body. That guy does not know for which he speaks, bless his little heart and brain.

  2. Pay Your Bills says:

    Do individuals not know if they have or have not paid their bills? There are exceptions to everything. I know that. However, reminding someone, usually not the one who is being foreclosed on, three times in the newspaper with metes and bounds descriptions which the normal person cannot even read and understand. Why are people not more proactive if they are in financial trouble. I would be if I got behind in my payments on my home. I have known individuals who say that they are not going to suffer nor is their family going to suffer (meaning we’ll still keep and pay our cell phone bills, we’ll still take a vacation, we’ll still go out to eat, we’ll still make sure our kids are in all of the activities they need to be in) just to pay my mortgage payment. I know this for a fact. There is a difference between things that are necessary and things that are not. I am not saying this is the case all of the time but a large majority of the time. I would have worked anywhere, anytime, anyhow in order not to lose my home. Again, it is not always the case but it seems we have raised this current generation to accept the fact that if I don’t want to make sure I meet my obligations then someone else is going to take care of me.

    • Katheryn says:

      Well I guess all those people in food lines during the last depression just didn’t look hard enough for work to pay for their necessities and couldn’t bring themselves to cut their spending on non essentials. Come on now….we need to put on our thinking caps and really search for the truth about what has brought down this economy, which does also affect you. I take it you are in the generation ahead of mine, but when I was a child it was uncommon for moms to work. Most middle class workers got by on one income. They took the yearly family vacation and their children were not deprived. There were also jobs in the US as they did not outsource to other countries to make more profit. Businesses did not hire illegal immigrants so they could pay them next to nothing, avoid paying taxes and benefits while improving their profit margins. Most companies back then took care of and valued their employees and it was a lifelong career. The US did not thrive based on pure out and out greed and fraud as it does today. Capitalism at its finest! (and, no, I do not believe in communism, but their needs to be regulations and controls on the capitalistic fraud that prevails in today’s corporate business environment) People bought homes at prices one could never have imagined back when I was a child. Greed and more Greed drove prices up as the lenders and fraudstreet figured out a way to get anyone qualified. Then people are all in homes as basic utilities,gas, food, education and everything else kept going up. Then comes the loss of jobs and more outsourcing along with the companies who are greedy and lowered pay and benefits even when they were thriving….just because they could. Have you looked around at rents in the last 10 years. If you earned a middle class wage and did not own, you had nothing to sheild your tax base like the big corporations do!!!! Most renters, unless you chose to live in the slums, payed more than owning by not having the tax shelter of interest and property taxes. There also were not enough rentals to house all the people in my generation that owned, if they were to suddenly have t rent. If you really really really spend some time researching why home values have taken a freefall, it is not because of the “deadbeats” that bought them. Did it occur to you when you say people are spoiled and don’t want to give up the non-necessities, that just perhaps, giving up the non-necessities still won’t allow them enough to make the mortgage payments. Hmm. How many middle class people do you personally know that even keeping their living costs to a minimum can have one parent stay at home to take care of the children. I personally do not know of any. So should moms and dads work two jobs each??? Who takes care of the children then??? Don’t you think that our children have already felt the ill effects from both moms and dads working 40 to 50 hours a week. Strangers are raising peoples children nowadays. That is not a good thing. The point to my lengthy disertation is “STOP” blaming the homebuyers for all of the US problems. Look around you and see what is wrong with the entire country. Try to read and understand what banks and fraudstreet have done to our nation with the biggest ponzi scheme ever imagined. This is what caused the freefall of property values. No different than the people who lost all to the Bernie Madoff ponzi scheme. You and the two fine politicians wanting to speed up giving people the ‘boot’ from their homes are the reason why our country will continue to freefall and will not rebound. You are either not intelligent enough to understand what is really happening (therefore, not your fault) or you are lazy and don’t want to take the time to find out, or you are one of them. Sorry to be so blunt but it is the truth.

  3. margaret hamblin says:

    it seems everyone has been bought off these days. in state tn, they are trying to shorten the foreclosure period so they can push the illegal/fradulent foreclosures through the system in this non judicial state.
    i am still confident right will prevail, it seems everyone is forgetting who still rules this earth “the unseen hand.” this means that right always prevails, this illegal power struggle by the big banks and corrupt individuals playing the game will soon end; again, right and wrong are always rewarded as they are sown.

  4. one sound says:

    SB 1299 by *Johnson. (HB 1920 by *Matlock, Fitzhugh, Pitts, Sexton, Montgomery, Casada, Sargent, Harmon, Johnson C.)

    This can not be do per THE SETTELMENT THE ATTORNEY GENERALS OF ALL FIFTY STATES MADE

    The other is the land has never been for sale and was never sold that is why you pay property tax on it seperately the county/ state claims to own it .

    More trickery it was only the real estate that was sold or perchased and that is the home
    folks wake up !!!!! never the land

    If you want the land just get rid of the mail box and get a po box and take the number off of your house and make the claim

    ANYTHING IN ALL CAPS THAT IS ON THE LEFT IS DEBTOR like the singer be on say noles sings

    to the left ….to the left….. everything you sign in the box to the left

    get out of the box people grow some nut’s wavose way voice make it over rees over see

    Watch this video and see who the real terrorist are and those men who are trying to do this are in CLUB FED
    http://www.realecontv.com/page/1503.html

  5. Bobbi Swann says:

    I feel so badly for those who live in TN – a non-judicial state and I also feel badly for the way the Republicans are swaying to the tune of the banksters. The Republican Nat’l convention is going to be held here in Tampa FL. I would suggest we all rally to the convention and protest as the convention itself will draw a lot of media attention. Neither party, in my opinion, is worth a da**, but unless our voices are heard we are doomed to silence of our freedoms!

    BTW – the good Samaritan spoke about earlier is none other than the whole of the American people! If we do not unite together we are like dust scattered to the wind.

  6. talktotennessee says:

    Tennessee is usually out of step with people and in step with a Republican agenda. While other states are beginning to see the fraud in the industry, these bills run counter to the people’s interests. They are designed to help big business banking who is raking in profits in the foreclosure process now. Memphis is sinking into the abyss with foreclosures. If one were to examine foreclosure activity in Memphis alone without diluting state stats you would see a city in trouble because of the housing crash. One that will have to raise property taxes to survive. Blight, vacant houses and decreased propety tax income are taking their toll. Aside from that people are losing homes with little protection or voice to help in a non-judicial state. Dumping more houses on a devastated housing market is going to hurt, not help. I can’t imagine why those sponsoring these bills even think this is a good thing for their constituents. This action blatantly favors big banking, adding to the difficulties people are already encountering in trying to modify loans.

    • leapfrog says:

      Excellent post. I couldn’t have said it better myself. Ist sad that the low-information voters keep electing these Republican-big bankster/corporate-agenda-types to the detriment of their own best interests.

      • Katheryn says:

        Those that are easily brainwashed go along with anything that makes them feel that they are getting the approval they must so badly feel in need of. I see the town where I live. The police have always had a union. The y have still gotten raises while rest of the town employees have not. In the last 4 yrs. they have taken and taken and taken from the the town employees (the little guys) not the 6 or so big wigs and if anyone mentions the word uniion…they all freeze. Their eyes glaze over and froth comes out of their mouth. When they can finally speak they are outraged that you would even suggest it. They claim the unions steal your money and do nothing for you. When you bring up facts like how come the police department seem to be making out so much better, they have no answer. They are good doobies that have bought in to the “think as you’re told” menatlity. Who can figure?

  7. l vent says:

    Do WE THE PEOPLE OF THE UNITED STATES OF AMERICA need any more proof that BOTH PARTIES are completely CORRUPTED and ARE WORKING FOR OUR FOREIGN ENEMIES? They are NOT WORKING FOR THE PEOPLE. There is strategic NAZI CLASSWARFARE being waged at the CITIZENS OF AMERICA from the INSIDE OF AMERICA.. Our entire NATIONAL SECURITY IS AT STAKE. HERE IS THE ABSOLUTE PROOF THAT THERE ARE COMMUNISTS RUNNING THE UNITED STATES OF AMERICA. NATIONAL SOVEREIGNTY WILL PREVAIL UNDER THE U.S. CONSTITUTION AND THE U.S. BILL OF RIGHTS. GOD BLESS AMERICA. DEATH TO THIS FASCIST TYRANNY!!!! SPREAD THE WORD! http://bankofamericasuck.com/ http://www,theforbiddenknowledge.com/hardtruth/jesuit_world_control.htm

    • anon says:

      I Vent, wow I was gonna come on today and apologize for for talking a little shit yesterday ,I was having a bad day, but not now , these motherfuckers just declared war as far as I am concerned . If someone came to my door and asked for help ( that would be all of us, asking for a mod. ) I would do what I could to help them. If someone comes to my door meaning my family or myself harm or to take something of mine it’s on , now I don’t mean w/ a process server or sheriff , I know who is behind this and who there lawyers are , eye for an eye bitches ” don’t let the bastards get you down “

  8. Lit Gant says:

    We should have expected the Republicans to be behind this. And they want the White House in 2012? Is this a joke or what? So, the existing laws under which a person got a mortgage and during which time massive fraud was practiced, must now be trashed so the carpetbaggers and the shyster lawyers and criminal bankers can stay out of jail?

    I am quite sure the Republicans can beat their chest and say they saved America by making people get out of their homes and putting their houses up for sale for .25 cents on the dollar. If the people of this state vote back in a single Republican, they need a check up from the neck up.

    Now what will we have? The Republican cancer will now infect more states. More and more republican legislators will see themselves as Lawrence of Arabia as they go forth to conquer the hurting home owners. And the children aftected by these Republican snakes: who cares among the Republican party? Where is Palin? Where is Huckaby? Where is Trump? Where is Romney? Where is the shameless Republican who wants the White House? They are as silent as the tomb. I say there is a sham scam working its way from the state house to the white house.

    Next election I will review the candidates. If he or she did not speak against the foreclosure fraud and vow to fix it, they will not get my vote. And if I have no candidate, then I will not vote for anyone on that office.

    God has blessed America but fat-cat bankers and criminals have violated us. And like the man going form Jerusalem to Jericho who fell among theives and was robbed, beaten, and left to die: the American home owner needs a good Samaritan. Where is he?

    Where is he?

  9. Katheryn says:

    Not surprising. Forged notices…OK….Inaccurate accounting, payments not credited….OK……heck….why have to give any notice at all……just bust in…..dump belongings on street……carefully dump babies on street….give homeowners a kick in the a– to help them out the door….and be done with it. Just another days work!! Calling on all republicons……help fight these “deadbeats”. Show your support for our banking friends….come one…come all….say ye.

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