California 2009-2010 Regular Session Status: To Executive

SB 931 — Mortgages: deficiency judgments.

Last action — Chaptered by Secretary of State. Chapter 701, Statutes of 2010.

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

This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Existing law authorizes an action for a deficiency judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, as specified. Existing law prohibits a deficiency judgment in any case in which the real property or an estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust. This bill would prohibit a deficiency judgment under a note secured by a first deed of trust or first mortgage for a dwelling of not more than 4 units in any case in which the trustor or mortgagor sells the dwelling for less than the remaining amount of the indebtedness due at the time of sale with the written consent of the holder of the first deed of trust or first mortgage. The bill would provide that written consent of the holder of the first deed of trust or first mortgage to that sale shall obligate that holder to accept the sale proceeds as full payment and to fully discharge the remaining amount of the indebtedness on the first deed of trust or first mortgage. The bill would specify that those provisions would not limit the ability of the holder of the first deed of trust or first mortgage to seek damages and use existing rights and remedies against the trustor or mortgagor or any 3rd party for fraud or waste if the trustor or mortgagor commits either fraud with respect to the sale of, or waste with respect to, the real property that secures that deed of trust or mortgage. The bill would make these provisions inapplicable if the trustor or mortgagor is a corporation or political subdivision of the state.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 701, Statutes of 2010.

  2. Approved by Governor.

  3. Enrolled. To Governor at 4 p.m.

  4. Senate concurs in Assembly amendments. (Ayes 35. Noes 0. Page 4659.) To enrollment.

  5. In Senate. To unfinished business.

  6. Read third time. Passed. (Ayes 73. Noes 0. Page 6235.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on June 29.)

  9. From committee: Do pass. (Ayes 10. Noes 0.)

  10. (Heard in committee on June 21.)

  11. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 11. Noes 0.) Re-referred to Com. on JUD.

  12. Hearing postponed by committee.

  13. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B. & F.

  14. To Coms. on B. & F. and JUD.

  15. In Assembly. Read first time. Held at Desk.

  16. Read third time. Passed. (Ayes 31. Noes 0. Page 3476.) To Assembly.

  17. Read second time. To third reading.

  18. From committee: Do pass. (Ayes 4. Noes 3. Page 3443.)

  19. Set for hearing May 4.

  20. From committee: Do pass, but first be re-referred to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) Re-referred to Com. on JUD.

  21. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  22. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on B., F. & I.

  23. Set for hearing April 7.

  24. To Coms. on B., F. & I. and JUD.

  25. From print. May be acted upon on or after March 5.

  26. Introduced. Read first time. To Com. on RLS. for assignment. To print.

Sponsors

  • Ducheny · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Ducheny

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

Unfinished Business SB931 Ducheny

Passed 36 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 33003
Democratic 2000
Republican 1000
Total 36003
% of votes cast 92%0%0%8%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Yea
Alquist — Yea
Ashburn — Yea
Florez — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Ducheny — Yea
Hancock — Yea
Harman — Yea
Hollingsworth — Yea
Huff — Yea
Kehoe — Yea
Dutton — Yea
McLeod — Yea
Oropeza — Not Voting
Pavley — Yea
Price — Yea
Simitian — Yea
Steinberg — Yea
Walters — Not Voting
Wiggins — Not Voting
Wright — Yea
Aanestad — Yea
Leno — Yea
Liu — Yea
Romero — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
DeSaulnier — Yea
Denham — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

SB 931 Ducheny Senate Third Reading By SALAS

Passed 84 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 79006
Democratic 2001
Republican 3000
Total 84007
% of votes cast 92%0%0%8%
How each member voted (91)
Member Party Vote
Hall — Yea
Carter — Yea
Chesbro — Yea
Conway — Yea
Cook — Yea
Coto — Yea
Bill — Yea
Tom — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Ammiano — Yea
Anderson — Yea
Beall — Yea
Fletcher — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
John — Yea
A. — Yea
Perez — Yea
Charles — Not Voting
Evans — Yea
Feuer — Yea
Fuentes — Yea
Fuller — Yea
Galgiani — Yea
Blakeslee — Not Voting
Garrick — Not Voting
Gilmore — Yea
Hagman — Yea
Harkey — Not Voting
Hernandez — Yea
Hill — Yea
Huffman — Yea
Jeffries — Yea
Knight — Yea
Lieu — Yea
Mendoza — Yea
Miller — Yea
Monning — Yea
Nava — Yea
Norby — Yea
Ruskin — Yea
Silva — Yea
Smyth — Yea
Solorio — Yea
Torlakson — Yea
Torres — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Bass — Not Voting
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Logue — Yea
Ma — Yea
Nestande — Yea
Nielsen — Yea
Skinner — Yea
Swanson — Yea
Torrico — Yea
Eng — Yea
Davis — Not Voting
DeVore — Yea
Yamada — Yea
Furutani — Yea
Gatto — 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 →

Do pass.

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
Hagman — Yea
Saldana — Yea
Evans — Yea
Feuer — Yea
Huffman — Yea
Knight — Yea
Brownley — Yea
Monning — Yea
Tran — Yea
Jones, Brian W. Republican Yea

Official roll call →

Senate 3rd Reading SB931 Ducheny

Passed 32 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 29007
Democratic 2000
Republican 1000
Total 32007
% of votes cast 82%0%0%18%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Corbett — Not Voting
Hancock — Yea
Wyland — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Hollingsworth — Yea
Huff — Yea
Leno — Yea
Ducheny — Yea
Dutton — Not Voting
Liu — Not Voting
Oropeza — Not Voting
Price — Yea
Romero — Yea
Steinberg — Yea
Alquist — Yea
Ashburn — Yea
Wiggins — Not Voting
Wolk — Yea
Aanestad — Yea
Harman — Not Voting
Kehoe — Yea
McLeod — Yea
Pavley — Yea
Simitian — Yea
Walters — Yea
Wright — Yea
Correa — Yea
Cox — Yea
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 4 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 4001
Total 4001
% of votes cast 80%0%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Harman — Yea
Corbett — Yea
Leno — Yea
Walters — Not Voting

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does SB 931 do?
Existing law authorizes an action for a deficiency judgment for the balance due upon an obligation for the payment of which a deed of trust or mortgage with power of sale upon real property or any interest therein was given as security, as specified. Existing law prohibits a deficiency judgment in any case in which the real property or an estate for years therein has been sold by the mortgagee or trustee under power of sale contained in the mortgage or deed of trust. This bill would prohibit a deficiency judgment under a note secured by a first deed of trust or first mortgage for a dwelling of not more than 4 units in any case in which the trustor or mortgagor sells the dwelling for less than the remaining amount of the indebtedness due at the time of sale with the written consent of the holder of the first deed of trust or first mortgage. The bill would provide that written consent of the holder of the first deed of trust or first mortgage to that sale shall obligate that holder to accept the sale proceeds as full payment and to fully discharge the remaining amount of the indebtedness on the first deed of trust or first mortgage. The bill would specify that those provisions would not limit the ability of the holder of the first deed of trust or first mortgage to seek damages and use existing rights and remedies against the trustor or mortgagor or any 3rd party for fraud or waste if the trustor or mortgagor commits either fraud with respect to the sale of, or waste with respect to, the real property that secures that deed of trust or mortgage. The bill would make these provisions inapplicable if the trustor or mortgagor is a corporation or political subdivision of the state.
Who sponsors SB 931?
SB 931 is sponsored by Ducheny.
What is the current status of SB 931?
This bill died with 2009-2010 Regular Session. It reached “To Executive” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 931?
Track SB 931 free on One Click Politics — get push/email alerts when it moves.

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