THE STATE OF TENNESSEE
BILL TEXT

2005 TN H.B. 1964

TENNESSEE 104TH GENERAL ASSEMBLY

HOUSE BILL 1964

PUBLIC ACTS, 2006
CHAPTER NO. 677
HOUSE BILL NO. 1964
BY REPRESENTATIVES RINKS, HENRI BROOKS, LANGSTER, SHERRY JONES, MOORE,
HARGROVE, SHAW, COOPER
SUBSTITUTED FOR: SENATE BILL NO. 2033
BY SENATORS BURCHETT, HERRON, FINNEY, BLACK, BRYSON, BURKS

2005 Bill Text TN H.B. 1964; same as 2005 Bill Text TN S.B. 2033

VERSION: Enacted - Final

VERSION-DATE: May 15, 2006

SYNOPSIS:  AN ACT to amend Tennessee Code Annotated, Title 25; Title 26; Title 45; Title 47 and Title 58, relative to military personnel.

TEXT: BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Title 26, Chapter 1, Part 1, is amended by adding the following language as a new section:

26-1-111. (a) Notwithstanding any provision of law to the contrary, if a member of a reserve or Tennessee national guard unit entered into:

(1) a mortgage or deed of trust for the purchase of a home; or

(2) a contract for the purchase of a motor vehicle; and

such person is subsequently called into active military service of the United States, as defined in Section 58-1-102, and is stationed outside the United States during hostilities,

then any provision of such contract or mortgage or deed of trust providing for foreclosure on the property or repossession of such motor vehicle shall be suspended until ninety (90) days following such military personnel's return to this state.

(b)

(1) To exercise the benefits of this section, a service member shall, at any time prior to or during deployment, provide a written notice to the holder of the indebtedness stating the following:

(A) The person is a member of the reserve or Tennessee National Guard;

(B) The member has been called to active duty;

(C) A copy of the deployment order is attached; and

(D) The service member shall state the anticipated date of return to the state.

In any action to foreclose or repossess as provided in this section, the holder of the indebtedness is entitled to rely on the anticipated date of return or discharge stated in either the deployment order or in the statement provided in this subdivision (b)(1)(D) when seeking to foreclose or repossess.

(2) At any stage before a final foreclosure sale or a final sale of repossessed property under the Uniform Commercial Code, the sale shall be stayed provided the service member gives notice as provided in Section 202 of the Service members Civil Relief Act codified in 50 USCS Appx. Section 522.

(c) The provisions of this act shall not apply to a service member who executes a waiver pursuant to Section 107 of the Service members Civil Relief Act.

SECTION 2. This act shall take effect July 1, 2006, the public welfare requiring it.