Tennessee House Bill HB1762

Tennessee 2025-2026 Regular Session

• Introduced: 1/20/26
• Refer: 1/22/26
• Refer: 3/11/26
• Refer: 3/25/26
• Engrossed: 4/6/26

Caption

AN ACT to amend Tennessee Code Annotated, Title 8, Chapter 13; Title 23, Chapter 3; Title 66, Chapter 5, Part 1 and Title 66, Chapter 24, relative to conveyances of real property.

Summary

HB1762 addresses the preparation and recording of deeds of conveyance for real property in Tennessee. The bill requires that a deed be prepared only by a Tennessee-licensed attorney, a Tennessee-licensed title insurance agent, the property owner, or someone legally authorized to act for the owner. It also requires a sworn declaration or notarized affidavit identifying who prepared the deed and confirming that the preparer falls within one of those permitted categories. The bill further directs county registers not to record a deed of conveyance unless the document shows compliance with these preparation and affidavit requirements. It includes exceptions for deeds filed on behalf of government entities and for certain deeds of trust, mortgages, and release deeds prepared by banks, credit unions, and federal farm credit associations when those institutions have an interest in the property. The act applies only to conveyances occurring on or after July 1, 2026.

Impact

The bill amends provisions in Tennessee law governing real property conveyances and county recording practices, including Title 66 recording statutes and related sections referenced in the caption. Its practical effect is to restrict who may prepare deeds of conveyance and to add documentation requirements intended to deter fraudulent or poorly drafted deeds. County registers would have a new screening duty, though the bill also states that a failure to show compliance on the record does not affect the validity of the registration itself.

Sentiment

The available voting history shows strong support for the bill at every stage, with unanimous or near-unanimous committee approval and overwhelming floor passage in both chambers. The bill’s stated purpose—reducing fraudulent deed filings and protecting property owners and purchasers—appears to have been broadly accepted. No committee transcript is available, but the votes suggest little public opposition in the legislative process.

Contention

The main policy issue is the bill’s restriction on who may prepare deeds, which could be viewed as consumer protection and anti-fraud reform by supporters, but as a limitation on nonlawyer document preparation by opponents. Potential points of concern include whether the new requirements could increase transaction costs, create access issues in rural or low-income settings, or overlap with existing title industry practices. The bill’s exceptions for government entities and certain financial institutions indicate an effort to narrow the scope and reduce friction for institutional transactions.