ON APRIL 15, 2025, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 1127, AS AMENDED. AMENDMENT #1 rewrites the bill to, instead, make the following revisions to present law relative to advertising the 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: Requires such advertisement to be made at least two times in a newspaper published in the county where the sale is to be made. Requires such advertisement to also be made by a posting online by a third-party internet posting company for at least 20 continuous days. A posting so made must be posted online in a manner such that the posting is publicly viewable to general internet users. Requires the initial publication in a newspaper to be at least 20 days previous to the sale. Requires each postponement or adjournment in which additional newspaper publication is not required (i) to be set to a specified date and time and (ii) to be announced by posting with the third-party internet posting company and announced at the date, time, and location of each scheduled sale date. However, if the sale is postponed or adjourned for less than five days after the original sale, announcement by internet posting is not required. Requires a third-party internet posting company to submit the company's root domain website address to the publications division of the secretary of state's office prior to conducting business. A third-party internet posting company must promptly notify the publications division of the secretary of state's office of any change in the company's website address. Requires the publications division of the secretary of state's office to create a listing on the secretary of state's website of all third-party internet posting companies and the website address for each third-party internet posting company. Authorizes a third-party internet posting company to be held liable for any damages resulting from the company's failure to comply with this amendment. Defines, for purposes of such publication law, "location" as (i) the physical place where a sale is being conducted or (ii) the website of the internet-based bidding platform, if a sale is being conducted online. Revises present law relative to an officer posting written notices whenever the advertisement cannot be made in a newspaper such that the publication of the sale by the officer must be made by posting online by a third-party internet posting company as described above. Requires the advertisement or notice to identify the website of the third-party internet posting company that posts the advertisement. Provides that if the printer will not make the publication of the notice for the rates provided in law, then the officer or person conducting the sale must make publication by written notices as provided in this amendment.
Statutes affected: Introduced: 35-5-114(d), 35-5-114
Amended with HA0382 -- 04/15/2025: 35-5-114(d), 35-5-114, 35-5-101, 35-5-103, 35-5-104(a), 35-5-104, 35-5-105