California 2009-2010 Regular Session Status: Passed Senate 1 D cosponsors

SB 1275 — Mortgages: foreclosures.

Last action — From Assembly without further action.

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

This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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, until January 1, 2013, and as applied to mortgages and deeds of trust recorded between January 1, 2003, and December 31, 2007, that are secured by owner-occupied residential real property containing no more than 4 dwelling units, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower, as defined, prior to filing a notice of default, in order to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure. Existing law requires the notice of default to include a specified declaration from the mortgagee, beneficiary, or authorized agent regarding its contact with the borrower. This bill would, until January 1, 2013, extend those requirements for those types of dwellings to apply to mortgages or deeds of trust recorded prior to January 1, 2009, if the loans are required to be reviewed under federal Home Affordable Modification Program (HAMP) guidelines, or between January 1, 2003, and January 1, 2009, if the loans are not required to be reviewed under HAMP guidelines. The bill would require a mortgagee, beneficiary, or authorized agent, within a specified time period prior to the filing of a notice of default, to provide the borrower with written information regarding loan modifications and a specified notice regarding the borrower's rights during the foreclosure process, subject to specified exceptions. The bill would require an unspecified state entity to make that notice available in English and specified languages. The bill would further revise the borrower contact requirements described above by requiring a mortgagee, beneficiary, or authorized agent to make reasonable borrower solicitation efforts, as specified, to explore options for the borrower to avoid foreclosure. The bill would prohibit a mortgagee, trustee, beneficiary, or authorized agent from filing a notice of default until the borrower has been evaluated and determined to be ineligible for a loan modification or the borrower has failed to submit an application prior to the passing of the deadline. The bill would specify minimum time periods in which the borrower may submit an application or supplemental information for a loan modification, and would require the mortgagee, beneficiary, or authorized agent, if it denies the application, to send a denial explanation letter within a specified time period. These requirements would not apply to a mortgagee, beneficiary, or authorized agent that has no loan modification option available to the borrower or to a grandfathered party, as defined. This bill would further require, until January 1, 2013, with respect to those properties described above, that a mortgagee, beneficiary, or authorized agent, concurrently with the filing of a notice of default, record a declaration of compliance that attests to specified facts relating to its borrower solicitation and foreclosure avoidance efforts, except as provided. The bill would authorize the borrower to bring an action within one year of the trustee sale to void the foreclosure or request an injunction if, among other things, the mortgagee, beneficiary, or authorized agent records a notice of default without completing reasonable borrower solicitation efforts, or to recover specified damages if the mortgagee, trustee, beneficiary, or authorized agent fails to record a declaration of compliance or materially comply with specified provisions, if specified conditions exist. The bill would provide that a mortgagee, trustee, beneficiary, or authorized agent shall have no civil liability if it satisfies specified requirements prior to the initiation of legal action by the borrower.

Bill Text

Action History

  1. From Assembly without further action.

  2. Read third time. Refused passage. (Ayes 30. Noes 36. Page 6873.)

  3. (Ayes 47. Noes. 29. Page 6841.)

  4. Reconsideration granted.

  5. Motion to reconsider continued to August 30.

  6. Motion to reconsider made by Assembly Member Nava.

  7. Read third time. Refused passage. (Ayes 27. Noes 38. Page 6610.)

  8. Read second time. To third reading.

  9. Read second time. Amended. To second reading.

  10. (Heard in committe August 12.)

  11. From committee: Do pass as amended. (Ayes 9. Noes 7.)

  12. Set, first hearing. Referred to APPR. suspense file.

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

  14. (Heard in committee on June 29.)

  15. From committee: Do pass, but first be re-referred to Com. on APPR. (Ayes 7. Noes 3.) Re-referred to Com. on APPR.

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

  17. (Heard in committee on June 21.)

  18. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 7. Noes 4.) Re-referred to Com. on JUD.

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

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

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

  22. Read third time. Passed. (Ayes 21. Noes 12. Page 3785.) To Assembly.

  23. Placed on third reading.

  24. From committee: That the measure be returned to the Senate Floor for consideration. (Ayes 6. Noes 5. Page 3752.)

  25. From committee: Be re-referred to Com. on B., F. & I. pursuant to Senate Rule 29.10. (Ayes 3. Noes 0. Page 3692.) Re-referred to Com. on B., F. & I.

  26. Re-referred to Com. on RLS. pursuant to Senate Rule 29.10.

  27. Read second time. To third reading.

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

  29. Read second time. To third reading.

  30. From committee: Do pass. (Ayes 6. Noes 4. Page 3594.)

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

  32. Set for hearing May 24.

  33. Set, first hearing. Hearing canceled at the request of author.

  34. Set for hearing May 17.

  35. Read second time. Amended. Re-referred to Com. on APPR.

  36. From committee: Do pass as amended, but first amend, and re-refer to Com. on APPR. (Ayes 3. Noes 1. Page 3305.)

  37. Set for hearing April 20.

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

  39. From committee: Do pass, but first be re-referred to Com. on JUD. (Ayes 7. Noes 2.) Re-referred to Com. on JUD.

  40. Set for hearing April 7.

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

  42. From print. May be acted upon on or after March 22.

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

Sponsors

  • Brownley · Cosponsor
  • Cedillo · Cosponsor
  • Leno · Primary
  • Nava · Cosponsor
  • Skinner · Cosponsor
  • Steinberg · Cosponsor
  • Anna M. Caballero · Cosponsor

Sponsorship breakdown

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1 sponsors · 6 co-sponsors · 115 not signed on · 5 voted No

Sponsors (1)

  • Leno

Co-sponsors (6)

Not signed on (115)

115 members have not signed on to this bill.

Show all 115 →

"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 1275 Leno Senate Third Reading By NAVA

Failed 34 Yea · 41 Nay · 15 Other
Party YeaNayPresentNot Voting
Unaffiliated 3039015
Democratic 3000
Republican 1200
Total 3441015
% of votes cast 38%46%0%17%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Evans — Yea
Hayashi — Yea
Hill — Yea
Charles — Yea
Huffman — Yea
Lieu — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Ammiano — Yea
Bass — Yea
Beall — Yea
Monning — Yea
Nava — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Furutani — Not Voting
Galgiani — Not Voting
Fletcher — Nay
Yamada — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Gilmore — Nay
Hagman — Nay
Hall — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Leon — Not Voting
Portantino — Not Voting
Salas — Not Voting
Harkey — Nay
DeVore — Nay
Hernandez — Nay
Block — Not Voting
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Not Voting
Torlakson — Yea
Torrico — Nay
Tran — Nay
Adams — Nay
Anderson — Nay
Blumenfield — Not Voting
Bradford — Not Voting
Brownley — Yea
Buchanan — Nay
Huber — Nay
Ma — Yea
Mendoza — Not Voting
Nielsen — Nay
Ruskin — Yea
Solorio — Nay
Torres — Nay
Villines — Nay
Coto — Yea
Feuer — Yea
Davis — Yea
Fuentes — Nay
Fuller — Nay
Garrick — Nay
Gatto — Nay
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 Nay

Official roll call →

SB 1275 Leno Motion to Reconsider By NAVA

Passed 54 Yea · 34 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 503202
Democratic 3000
Republican 1200
Total 543402
% of votes cast 60%38%0%2%
How each member voted (90)
Member Party Vote
Carter — Yea
Chesbro — Yea
Eng — Yea
Feuer — Yea
Coto — Yea
Davis — Yea
Furutani — Yea
Galgiani — Yea
Hall — Yea
Hayashi — Yea
Charles — Yea
Hill — Yea
Huffman — Yea
De — Yea
La — Yea
Torre — Yea
De — Yea
Leon — Yea
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Portantino — Yea
Bass — Yea
Block — Yea
Lieu — Yea
Mendoza — Yea
Nava — Yea
Salas — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Bill — Nay
Tom — Nay
Fletcher — Nay
Yamada — Yea
V. — Nay
Manuel — Nay
Perez — Nay
Audra — Nay
Conway — Nay
Cook — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Huber — Nay
Jeffries — Nay
Logue — Nay
Miller — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Smyth — Nay
Solorio — Yea
Anderson — Nay
Swanson — Yea
Torres — Yea
Torrico — Yea
Villines — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hernandez — Not Voting
Knight — Nay
Ma — Yea
Monning — Yea
Nestande — Nay
Nielsen — Nay
Skinner — Yea
Torlakson — Not Voting
Tran — Nay
Evans — Yea
DeVore — Nay
Fuentes — Yea
Fuller — Nay
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 Nay

Official roll call →

SB 1275 Leno Senate Third Reading By NAVA

Failed 30 Yea · 43 Nay · 17 Other
Party YeaNayPresentNot Voting
Unaffiliated 2841015
Democratic 1002
Republican 1200
Total 3043017
% of votes cast 33%48%0%19%
How each member voted (90)
Member Party Vote
Hall — Not Voting
Audra — Nay
Yamada — Yea
Carter — Yea
Chesbro — Yea
Fuentes — Nay
Fuller — Nay
Furutani — Yea
Garrick — Nay
Fong — Yea
Bonnie — Yea
Lowenthal — Yea
Saldana — Yea
John — Yea
A. — Yea
Perez — Yea
Conway — Nay
Cook — Nay
Bill — Nay
Tom — Nay
Gilmore — Nay
Hagman — Nay
Harkey — Nay
Hayashi — Nay
Fletcher — Nay
V. — Nay
Manuel — Nay
Perez — Nay
Anderson — Nay
Bass — Yea
Hernandez — Nay
Hill — Nay
Huber — Nay
Jeffries — Nay
Knight — Nay
Logue — Nay
Miller — Nay
Nestande — Nay
Norby — Nay
Ruskin — Yea
Silva — Nay
Skinner — Yea
Smyth — Nay
Swanson — Yea
Torlakson — Yea
Charles — Not Voting
De — Not Voting
La — Not Voting
Torre — Not Voting
De — Not Voting
Leon — Not Voting
Portantino — Not Voting
Salas — Not Voting
Ma — Not Voting
Mendoza — Not Voting
Torrico — Nay
Tran — Nay
Adams — Nay
Ammiano — Yea
Beall — Yea
Block — Not Voting
Blumenfield — Not Voting
Bradford — Not Voting
Brownley — Yea
Buchanan — Nay
Huffman — Yea
Lieu — Yea
Monning — Yea
Nava — Yea
Nielsen — Nay
Solorio — Nay
Torres — Nay
Villines — Nay
Coto — Yea
Eng — Not Voting
Feuer — Yea
Evans — Yea
Davis — Yea
DeVore — Nay
Galgiani — Yea
Gatto — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Bill Berryhill — Nay
Arambula, Joaquin Democratic Not Voting
Caballero, Anna M. Democratic Yea
Calderon, Lisa Democratic Not Voting
Jones, Brian W. Republican Yea
Niello, Roger W. Republican Nay
Strickland, Tony Republican Nay

Official roll call →

Do pass as amended.

Passed 10 Yea · 7 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10701
Total 10701
% of votes cast 56%39%0%6%
How each member voted (18)
Member Party Vote
Conway — Nay
Gatto — Yea
De — Yea
Leon — Yea
Huffman — Yea
Skinner — Yea
Torlakson — Yea
Hall — Not Voting
Miller — Nay
Norby — Nay
Torrico — Nay
Bradford — Yea
Harkey — Nay
Nielsen — Nay
Solorio — Nay
Coto — Yea
Davis — Yea
Fuentes — Yea

Official roll call →

Senate 3rd Reading SB1275 Leno

Passed 22 Yea · 12 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 211005
Democratic 1100
Republican 0100
Total 221205
% of votes cast 56%31%0%13%
How each member voted (39)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Nay
Lowenthal — Yea
Negrete — Yea
Cogdill — Nay
Harman — Not Voting
Runner — Nay
Ducheny — Yea
Dutton — Nay
Hollingsworth — Not Voting
Kehoe — Yea
Leno — Yea
Ashburn — Nay
McLeod — Yea
Pavley — Yea
Price — Yea
Romero — Yea
Steinberg — Yea
Walters — Nay
Wolk — Yea
Wright — Nay
Aanestad — Not Voting
Alquist — Yea
Huff — Nay
Liu — Yea
Oropeza — Yea
Simitian — Yea
Wiggins — Not Voting
Cedillo — Yea
Corbett — Yea
Correa — Nay
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 →

Do pass.

Passed 6 Yea · 4 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 6401
Total 6401
% of votes cast 55%36%0%9%
How each member voted (11)
Member Party Vote
Yee — Yea
Corbett — Yea
Kehoe — Yea
Price — Not Voting
Alquist — Yea
Walters — Nay
Wolk — Yea
Leno — Yea
Wyland — Nay
Cox — Nay
Denham — Nay

Official roll call →

Subjects

housing
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Frequently asked questions

What does SB 1275 do?
Existing law, until January 1, 2013, and as applied to mortgages and deeds of trust recorded between January 1, 2003, and December 31, 2007, that are secured by owner-occupied residential real property containing no more than 4 dwelling units, requires a mortgagee, trustee, beneficiary, or authorized agent to contact the borrower, as defined, prior to filing a notice of default, in order to assess the borrower's financial situation and explore options for the borrower to avoid foreclosure. Existing law requires the notice of default to include a specified declaration from the mortgagee, beneficiary, or authorized agent regarding its contact with the borrower. This bill would, until January 1, 2013, extend those requirements for those types of dwellings to apply to mortgages or deeds of trust recorded prior to January 1, 2009, if the loans are required to be reviewed under federal Home Affordable Modification Program (HAMP) guidelines, or between January 1, 2003, and January 1, 2009, if the loans are not required to be reviewed under HAMP guidelines. The bill would require a mortgagee, beneficiary, or authorized agent, within a specified time period prior to the filing of a notice of default, to provide the borrower with written information regarding loan modifications and a specified notice regarding the borrower's rights during the foreclosure process, subject to specified exceptions. The bill would require an unspecified state entity to make that notice available in English and specified languages. The bill would further revise the borrower contact requirements described above by requiring a mortgagee, beneficiary, or authorized agent to make reasonable borrower solicitation efforts, as specified, to explore options for the borrower to avoid foreclosure. The bill would prohibit a mortgagee, trustee, beneficiary, or authorized agent from filing a notice of default until the borrower has been evaluated and determined to be ineligible for a loan modification or the borrower has failed to submit an application prior to the passing of the deadline. The bill would specify minimum time periods in which the borrower may submit an application or supplemental information for a loan modification, and would require the mortgagee, beneficiary, or authorized agent, if it denies the application, to send a denial explanation letter within a specified time period. These requirements would not apply to a mortgagee, beneficiary, or authorized agent that has no loan modification option available to the borrower or to a grandfathered party, as defined. This bill would further require, until January 1, 2013, with respect to those properties described above, that a mortgagee, beneficiary, or authorized agent, concurrently with the filing of a notice of default, record a declaration of compliance that attests to specified facts relating to its borrower solicitation and foreclosure avoidance efforts, except as provided. The bill would authorize the borrower to bring an action within one year of the trustee sale to void the foreclosure or request an injunction if, among other things, the mortgagee, beneficiary, or authorized agent records a notice of default without completing reasonable borrower solicitation efforts, or to recover specified damages if the mortgagee, trustee, beneficiary, or authorized agent fails to record a declaration of compliance or materially comply with specified provisions, if specified conditions exist. The bill would provide that a mortgagee, trustee, beneficiary, or authorized agent shall have no civil liability if it satisfies specified requirements prior to the initiation of legal action by the borrower.
Who sponsors SB 1275?
SB 1275 is sponsored by Brownley, Cedillo, Leno, Nava, Skinner, Steinberg, and Caballero, Anna M. (Democratic).
What is the current status of SB 1275?
This bill died with 2009-2010 Regular Session. It reached “Passed Senate” 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 1275?
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