California 2009-2010 Regular Session Status: Enacted

AB 957 — Residential real estate transfers: title insurance: escrow companies.

Last action — Chaptered by Secretary of State - Chapter 264, Statutes of 2009.

  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed Assembly
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced February 26, 2009. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 6 recorded votes so far.

Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.

Summary

Existing law generally regulates the transfer of real property, and imposes specified obligations on a seller of real property. Existing law authorizes a mortgagee or beneficiary under a deed of trust to sell property securing the mortgage or deed of trust at a foreclosure sale under certain circumstances. Existing federal law prohibits a seller of property that will be purchased with the assistance of a federally related mortgage loan from requiring the buyer to purchase insurance from any particular company. This bill would enact the Buyer's Choice Act, which would prohibit, until January 1, 2015, a mortgagee or beneficiary under a deed of trust who acquired title to residential real property improved by 4 or fewer dwelling units at a foreclosure sale from, requiring, directly or indirectly, as a condition of selling the property, that the buyer purchase title insurance or escrow services in connection with the sale from a particular title insurer or escrow agent. This bill would provide that the act does not prohibit a buyer from agreeing to accept a title insurer or an escrow agent recommended by the seller if written notice of the right to make an independent selection is first provided by the seller to the buyer. A seller who violates these provisions would be liable to the buyer for an amount equal to 3 times all charges made for the title insurance or escrow services. This bill would declare that it is to take effect immediately as an urgency statute.

Bill Text

Action History

  1. Chaptered by Secretary of State - Chapter 264, Statutes of 2009.

  2. Approved by the Governor.

  3. Enrolled and to the Governor at 7 p.m.

  4. Urgency clause adopted. Senate amendments concurred in. To enrollment. (Ayes 74. Noes 1. Page 2986.)

  5. Assembly Rule 77 suspended. (Page 2970.)

  6. In Assembly. Concurrence in Senate amendments pending. May be considered on or after September 4 pursuant to Assembly Rule 77.

  7. Read third time. Urgency clause adopted. Passed and to Assembly. (Ayes 30. Noes 4. Page 2070.)

  8. Read second time. To third reading.

  9. Read third time, amended. To second reading.

  10. Read second time. To third reading.

  11. Withdrawn from committee. Ordered placed on second reading file.

  12. Re-referred to Com. on APPR.

  13. Read second time, amended, and re-referred to Com. on RLS.

  14. From committee: Amend, do pass as amended, and re-refer to Com. on RLS. (Ayes 4. Noes 0.) (June 23).

  15. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.

  16. Referred to Coms. on JUD. and RLS.

  17. In Senate. Read first time. To Com. on RLS. for assignment.

  18. Read third time, passed, and to Senate. (Ayes 77. Noes 0. Page 1685.)

  19. Read second time. To third reading.

  20. Read second time and amended. Ordered returned to second reading.

  21. From committee: Amend, and do pass as amended. (Ayes 10. Noes 0.) (May 5).

  22. Re-referred to Com. on JUD.

  23. Read second time and amended.

  24. From committee: Amend, do pass as amended, and re-refer to Com. on JUD. (Ayes 10. Noes 1.) (April 20).

  25. Referred to Coms. on B. & F. and JUD.

  26. From printer. May be heard in committee March 29.

  27. Read first time. To print.

Sponsors

  • Galgiani · Primary

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 0 co-sponsors · 121 not signed on

Sponsors (1)

  • Galgiani

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

Show all 121 →

"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

AB 957 GALGIANI Concurrence in Senate Amendments

Passed 85 Yea · 1 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 80104
Republican 3000
Democratic 2001
Total 85105
% of votes cast 93%1%0%5%
How each member voted (91)
Member Party Vote
Hagman — Yea
Bass — Yea
Davis — Not Voting
Duvall — Not Voting
Garrick — Not Voting
Ruskin — Yea
Silva — Yea
Skinner — Yea
Smyth — Yea
Swanson — Yea
Torlakson — Yea
Torrico — Yea
Tran — Yea
Yamada — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Charles — Not Voting
John — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Tom — Yea
Eng — Yea
Evans — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Gilmore — Yea
Hall — Yea
Hayashi — Yea
Hill — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huber — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
DeVore — Yea
Huffman — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Mendoza — Yea
Miller — Yea
Nava — Yea
Nestande — Yea
Adams — Yea
Anderson — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Nay
Hernandez — Yea
Jeffries — Yea
Lieu — Yea
Ma — Yea
Monning — Yea
Nielsen — Yea
Solorio — Yea
Torres — Yea
Villines — Yea
Emmerson — Yea
Feuer — Yea
Furutani — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bill Berryhill — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Assembly 3rd Reading AB957 Galgiani Urgency Clause

Passed 31 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 29405
Democratic 1001
Republican 1000
Total 31406
% of votes cast 76%10%0%15%
How each member voted (41)
Member Party Vote
Yee — Yea
Wyland — Yea
Cedillo — Not Voting
Hancock — Not Voting
Harman — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Cogdill — Yea
Corbett — Yea
Hollingsworth — Nay
Cox — Yea
Kehoe — Yea
Ducheny — Yea
McLeod — Yea
Alquist — Yea
Ashburn — Nay
Benoit — Yea
Dutton — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Yea
Wright — Yea
Aanestad — Nay
Huff — Nay
Leno — Yea
Liu — Yea
Maldonado — Yea
Simitian — Yea
Wolk — Yea
Correa — Yea
DeSaulnier — Not Voting
Denham — Yea
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Not Voting
Strickland, Tony Republican Yea

Official roll call →

AB 957 GALGIANI Assembly Third Reading

Passed 89 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 81003
Republican 3000
Democratic 5000
Total 89003
% of votes cast 97%0%0%3%
How each member voted (92)
Member Party Vote
Manuel — Yea
Perez — Yea
John — Yea
A. — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Price — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Bill — Yea
Berryhill — Yea
Tom — Yea
Berryhill — Yea
Eng — Yea
Feuer — Yea
Fuentes — Yea
Furutani — Yea
Charles — Yea
Galgiani — Yea
Hagman — Yea
Hall — Yea
Hayashi — Yea
Hernandez — Yea
Huber — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Huffman — Yea
Fletcher — Yea
Gaines — Yea
Bonnie — Yea
V. — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Coto — Yea
Davis — Yea
Duvall — Yea
Knight — Yea
Krekorian — Yea
Logue — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Nestande — Yea
Adams — Yea
Anderson — Yea
Bass — Yea
Block — Yea
Blumenfield — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Hill — Yea
Jeffries — Not Voting
Lieu — Yea
Ma — Yea
Mendoza — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Emmerson — Yea
Evans — Yea
DeVore — Not Voting
Yamada — Yea
Fuller — Yea
Garrick — Not Voting
Gilmore — Yea
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Fong, Mike Democratic Yea
Lowenthal, Josh Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass as amended.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 9000
Republican 1000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Feuer — Yea
Knight — Yea
Krekorian — Yea
Monning — Yea
Skinner — Yea
Brownley — Yea
Lieu — Yea
Nielsen — Yea
Tran — Yea
Jones, Brian W. Republican Yea

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does AB 957 do?
Existing law generally regulates the transfer of real property, and imposes specified obligations on a seller of real property. Existing law authorizes a mortgagee or beneficiary under a deed of trust to sell property securing the mortgage or deed of trust at a foreclosure sale under certain circumstances. Existing federal law prohibits a seller of property that will be purchased with the assistance of a federally related mortgage loan from requiring the buyer to purchase insurance from any particular company. This bill would enact the Buyer's Choice Act, which would prohibit, until January 1, 2015, a mortgagee or beneficiary under a deed of trust who acquired title to residential real property improved by 4 or fewer dwelling units at a foreclosure sale from, requiring, directly or indirectly, as a condition of selling the property, that the buyer purchase title insurance or escrow services in connection with the sale from a particular title insurer or escrow agent. This bill would provide that the act does not prohibit a buyer from agreeing to accept a title insurer or an escrow agent recommended by the seller if written notice of the right to make an independent selection is first provided by the seller to the buyer. A seller who violates these provisions would be liable to the buyer for an amount equal to 3 times all charges made for the title insurance or escrow services. This bill would declare that it is to take effect immediately as an urgency statute.
Who sponsors AB 957?
AB 957 is sponsored by Galgiani.
What is the current status of AB 957?
This bill has been enacted into law. Introduced February 26, 2009. Enacted.
Where can I track AB 957?
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