California 2009-2010 Regular Session Status: To Executive

SB 1178 — Real property: deficiency judgments.

Last action — Died on file.

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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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 provides that no deficiency judgment lies in any event after a sale of real property or an estate for years for failure of the purchaser to complete the contract of sale, or under a mortgage or trust deed given to the vendor to secure payment of the balance of the purchase price of real property, or under a mortgage or trust deed on a dwelling, as specified, given to a lender to secure repayment of a loan which was in fact used to pay all or part of the purchase price of the dwelling. This bill would provide that a loan used to pay all or part of the purchase price of real property or an estate for years includes a subsequent loan, mortgage, or deed of trust that refinances or modifies the original loan, but only to the extent that the subsequent loan was used to pay debt incurred to purchase the real property. The bill would become operative on June 1, 2011, and would apply only to actions filed after its operative date.

Bill Text

Action History

  1. Died on file.

  2. In Senate. To unfinished business. (Veto)

  3. Vetoed by Governor.

  4. Enrolled. To Governor at 5 p.m.

  5. In Senate. To enrollment.

  6. Read third time. Passed. (Ayes 60. Noes 17. Page 6367.) To Senate.

  7. Read second time. To third reading.

  8. (Heard in committee on June 29.)

  9. From committee: Do pass. (Ayes 8. Noes 2.)

  10. To Com. on JUD.

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

  12. Read third time. Passed. (Ayes 30. Noes 4. Page 3780.) To Assembly.

  13. Senate Rule 29.3 suspended. (Page 3780.)

  14. Read third time. Amended.

  15. Placed on third reading.

  16. Withdrawn from committee.

  17. From committee with author's amendments. Read second time. Amended. Re-referred to Com. on RLS.

  18. Re-referred to Com. on RLS.

  19. (Ayes 28. Noes 0. Page 3660.)

  20. Reconsideration granted.

  21. Motion to reconsider made by Senator Corbett.

  22. Read third time. Refused passage. (Ayes 19. Noes 5. Page 3660.)

  23. Read second time. To third reading.

  24. Read third time. Amended. To second reading.

  25. Read second time. To third reading.

  26. From committee: Do pass. (Ayes 3. Noes 1. Page 3001.)

  27. Set for hearing March 23.

  28. To Com. on JUD.

  29. From print. May be acted upon on or after March 21.

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

Sponsors

  • Corbett · Primary

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 121 not signed on · 5 voted No

Sponsors (1)

  • Corbett

Co-sponsors (0)

None.

Not signed on (121)

121 members have not signed on to this bill.

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"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

SB 1178 Corbett Senate Third Reading By FEUER

Passed 70 Yea · 19 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 651802
Democratic 3000
Republican 2100
Total 701902
% of votes cast 77%21%0%2%
How each member voted (91)
Member Party Vote
Hagman — Nay
Hall — Not Voting
Carter — Yea
Chesbro — Yea
Conway — Yea
Evans — Yea
Feuer — Yea
Fuentes — Yea
Galgiani — Yea
Charles — Yea
Hayashi — Yea
Hernandez — Yea
Hill — Yea
Huber — Yea
Huffman — Yea
Lieu — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
V. — Yea
Manuel — Yea
Perez — Yea
Portantino — Yea
Salas — Yea
Saldana — Yea
Audra — Yea
Ammiano — Yea
Beall — Yea
Blakeslee — Yea
Cook — Yea
Coto — Yea
Davis — Yea
Logue — Yea
Mendoza — Yea
Nava — Yea
Nestande — Yea
Ruskin — Yea
Silva — Yea
Swanson — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Fuller — Nay
Gilmore — Nay
Harkey — Nay
Knight — Nay
Miller — Nay
Norby — Nay
Smyth — Nay
Torres — Yea
Torrico — Yea
Tran — Yea
Villines — Yea
Adams — Yea
Anderson — Nay
Bass — Yea
Block — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Jeffries — Not Voting
Ma — Yea
Monning — Yea
Nielsen — Nay
Skinner — Yea
Solorio — Yea
Torlakson — Yea
Eng — Yea
DeVore — Nay
Yamada — Yea
Furutani — Yea
Garrick — Nay
Gatto — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Yea
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Yea
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 8 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 7200
Republican 1000
Total 8200
% of votes cast 80%20%0%0%
How each member voted (10)
Member Party Vote
Hagman — Nay
Evans — Yea
Saldana — Yea
Feuer — Yea
Monning — Yea
Tran — Yea
Brownley — Yea
Huffman — Yea
Knight — Nay
Jones, Brian W. Republican Yea

Official roll call →

W/O REF. TO FILE SB1178 Corbett

Passed 31 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 30204
Democratic 1100
Republican 0100
Total 31404
% of votes cast 79%10%0%10%
How each member voted (39)
Member Party Vote
Yee — Yea
Cedillo — Yea
Cogdill — Yea
Ducheny — Yea
Dutton — Not Voting
Hancock — Yea
Hollingsworth — Yea
Kehoe — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Runner — Yea
Liu — Yea
McLeod — Yea
Pavley — Yea
Romero — Yea
Simitian — Yea
Alquist — Yea
Wiggins — Not Voting
Wolk — Yea
Wright — Yea
Aanestad — Yea
Ashburn — Yea
Harman — Not Voting
Huff — Yea
Oropeza — Yea
Price — Yea
Steinberg — Yea
Walters — Nay
Wyland — Yea
Corbett — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Nay
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB1178 Corbett

Failed 20 Yea · 5 Nay · 14 Other
Party YeaNayPresentNot Voting
Unaffiliated 193014
Democratic 1100
Republican 0100
Total 205014
% of votes cast 51%13%0%36%
How each member voted (39)
Member Party Vote
Yee — Yea
Runner — Not Voting
Cogdill — Not Voting
Harman — Not Voting
Ducheny — Not Voting
Kehoe — Not Voting
Oropeza — Not Voting
Dutton — Not Voting
Walters — Not Voting
Cedillo — Yea
Hancock — Yea
Leno — Yea
Lowenthal — Yea
Negrete — Yea
Liu — Yea
Ashburn — Nay
Pavley — Yea
Price — Yea
Romero — Yea
Simitian — Yea
Steinberg — Yea
Wright — Nay
Aanestad — Not Voting
Alquist — Yea
Hollingsworth — Nay
Huff — Not Voting
McLeod — Yea
Wiggins — Not Voting
Wolk — Yea
Wyland — Not Voting
Corbett — Yea
Correa — Yea
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Florez — Yea
Calderon, Lisa Democratic Nay
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Nay

Official roll call →

Senate 3rd Reading SB1178 Corbett Reconsider

Passed 28 Yea · 0 Nay · 11 Other
Party YeaNayPresentNot Voting
Unaffiliated 250011
Democratic 2000
Republican 1000
Total 280011
% of votes cast 72%0%0%28%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Cedillo — Yea
Cogdill — Not Voting
Florez — Yea
Lowenthal — Yea
Runner — Yea
Corbett — Yea
Harman — Not Voting
Hollingsworth — Yea
Huff — Yea
Negrete — Not Voting
Ducheny — Yea
Dutton — Yea
Kehoe — Yea
Leno — Yea
McLeod — Not Voting
Pavley — Yea
Price — Yea
Alquist — Yea
Romero — Yea
Steinberg — Yea
Walters — Not Voting
Wolk — Yea
Aanestad — Not Voting
Ashburn — Yea
Liu — Yea
Oropeza — Not Voting
Simitian — Yea
Wiggins — Not Voting
Wright — Yea
Correa — Not Voting
Cox — Not Voting
DeSaulnier — Yea
Denham — Not Voting
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 3 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 3101
Total 3101
% of votes cast 60%20%0%20%
How each member voted (5)
Member Party Vote
Hancock — Yea
Leno — Yea
Walters — Nay
Harman — Not Voting
Corbett — Yea

Official roll call →

Subjects

finance housing
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Frequently asked questions

What does SB 1178 do?
Existing law provides that no deficiency judgment lies in any event after a sale of real property or an estate for years for failure of the purchaser to complete the contract of sale, or under a mortgage or trust deed given to the vendor to secure payment of the balance of the purchase price of real property, or under a mortgage or trust deed on a dwelling, as specified, given to a lender to secure repayment of a loan which was in fact used to pay all or part of the purchase price of the dwelling. This bill would provide that a loan used to pay all or part of the purchase price of real property or an estate for years includes a subsequent loan, mortgage, or deed of trust that refinances or modifies the original loan, but only to the extent that the subsequent loan was used to pay debt incurred to purchase the real property. The bill would become operative on June 1, 2011, and would apply only to actions filed after its operative date.
Who sponsors SB 1178?
SB 1178 is sponsored by Corbett.
What is the current status of SB 1178?
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 1178?
Track SB 1178 free on One Click Politics — get push/email alerts when it moves.

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Last checked for changes 3 months ago · updated continuously

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