Amends TCA Section 66-21-108.

Under present law, a real property owner who prevails in an action challenging the validity of a lien, including in a slander of title proceeding, recovers: the owner's reasonable attorney's fees; reasonable costs incurred by the owner to challenge the validity of the lien; liquidated damages in an amount equal to 10 percent of the fair market value of the property not to exceed $100,000; and any actual damages incurred by the owner. A real property owner does not recover if the action was brought to challenge a lien that is based on a loan agreement for which the encumbered property was listed as collateral to secure the repayment of the loan.<br /> <br /> This bill limits the applicability of the above provisions to a lien filed against a one-family, two-family, three-family, or four-family residential unit.<br /> <br /> ON MARCH 7, 2019, THE HOUSE ADOPTED AMENDMENT #1 AND PASSED HOUSE BILL 757, AS AMENDED.<br /> <br /> AMENDMENT #1 rewrites this bill to eliminate the present law provisions described above in the bill summary whereby a real property owner who prevails in an action challenging the validity of a lien, including in a slander of title proceeding, may recover attorney's fees, costs, and damages.<br /> <br />