Real Property - As introduced, changes from a preponderance of the evidence to clear and convincing evidence the burden of proof for a debtor to prove that property sold at a foreclosure sale for an amount materially less than the fair market value in order to rebut the presumption that the foreclosure sale price of the property was equal to the fair market value at the time of sale. - Amends TCA Title 35.

HB 323 would change the standard of proof required for homeowners to challenge foreclosure sale prices in Tennessee. Currently, debtors only need to show the sale price was below fair market value by a "preponderance of the evidence" (more likely than not). The bill would raise this standard to "clear and convincing evidence," making it harder for homeowners to rebut the legal presumption that foreclosure sale prices equal fair market value. This change would take effect July 1, 2025, and directly affects homeowners seeking to contest foreclosure sales.