Chattanooga Times Free Press

DON’T MESS WITH FORECLOSUR­E NOTICES

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If lawmakers are truly conservati­ve, why would they be traffickin­g with a bill that would increase the size of government, hurt small businesses and cause more people to lose their homes?

Those would be some of the results, we believe, of a bill introduced this year in the Tennessee legislatur­e that would, beginning in 2025, forego the requiremen­t that public notice for a foreclosur­e sale of property must be published in a newspaper.

The measure, instead, says public notice would be satisfied if the foreclosur­e sale is published on the website of the secretary of state. In our thinking, the passage of such a bill would:

1. Increase the size of government because the secretary of state’s office inevitably will have to hire multiple staff members to handle the creation, maintenanc­e, accuracy and archiving of the website pages about the notices, the questions from homeowners, family members and other concerned parties about the properties in question, and the legal liabilitie­s that result from the notices (now assumed by newspapers). The bill foresees the hiring of only one permanent staffer.

2. Hurt mostly family-owned small businesses in the state because it would remove a significan­t source of revenue from the newspapers that have for decades efficientl­y published the notices. If small newspapers are forced to go out of business because of a dearth of advertisin­g, the town or region would lose a source of a variety of informatio­n and, in many cases, a watchdog over public entities.

3. Cause more people to lose their homes because the scope of notificati­on of such sales would be reduced from what is now print newspapers, online news sites, a centralize­d statewide website and database, mail notificati­on, and more, to mail and the secretary of state website. Tennessee newspapers reach more than 1.2 million people daily, including many who have no internet access to reach the secretary of state’s website.

Opponents of the bill say removing the notices from newspapers also ultimately helps mostly large, corporate banks centered outside of Tennessee who are little concerned with the individual mortgagee.

Further, it gives state government new power, a new source of revenue and by the secretary of state creating a website and collecting fees for foreclosur­e notices, it in fact creates direct competitio­n between the state and private businesses.

The bill sets a $200 cost per posting on the secretary of state’s website, and its fiscal note indicates the state would reap $488,900 in fiscal 2024 and nearly $1 million in fiscal 2025.

Meanwhile, according to bill opponents, the average cost of a foreclosur­e notice in a newspaper is $200.

The Tennessee Bankers Associatio­n pushing the bill, in an explanatio­n on its website, miscasts newspapers as “an increasing­ly outdated and ineffectiv­e method of distributi­ng informatio­n to the public” and “no longer the best, most accessible source for public foreclosur­e notices,” but convenient­ly overlooks the significan­t online reach of the newspapers and a centralize­d state

website of foreclosur­e notices (tnpublic notice.com, sponsored by the Tennessee Press Associatio­n) that already exists.

In 2011, two Hamilton County lawmakers offered a bill about all legal notices being printed in newspapers at the behest of then-Chattanoog­a Mayor Ron Littlefiel­d.

Frank Gibson, with the Tennessee Coalition for Open Government at the time, said by posting legal notices on government websites as the bill sponsored by state Sen. Bo Watson, R-Hixson, and then-state Rep. Vince Dean, R-East Ridge, would have done, “you don’t have the protection of being able to verify that something appeared when it was supposed to appear, and it’s essentiall­y letting the government post notices when they want to.”

The bill was one of several in the legislatur­e that year dealing with the requiremen­t of printing of legal notices in newspapers. Among them was a measure being pushed by the Tennessee Bar Associatio­n and Tennessee Bankers Associatio­n that would — just as in 2023 — allow advertisin­g of foreclosur­e notices on the Tennessee secretary of state’s website.

That didn’t happen 12 years ago, but a compromise reducing the number of legal notices that would be printed in state newspapers was struck.

Because of newspapers’ wide reach and the already existing centralize­d public notices state website, we don’t see a need for duplicatio­n with the secretary of state website. And when you add the ways in which such a change would be antithetic­al to conservati­ve government, it becomes evident the bill is unneeded. But in case one more reason is necessary, consider this: The state bankers associatio­n, when asked how it would market the new secretary of state website if the bill were to pass, named newspapers because they reach the target market.

Go figure.

 ?? AP FILE PHOTO/ROSS D. FRANKLIN ?? A foreclosur­e sign sits outside a home for sale in Phoenix.
AP FILE PHOTO/ROSS D. FRANKLIN A foreclosur­e sign sits outside a home for sale in Phoenix.

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