California 2011-2012 Regular Session Status: Enacted

SB 1069 — Deficiency judgments.

Last action — Chaptered by Secretary of State. Chapter 64, Statutes of 2012.

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

This bill has been enacted into law. Introduced February 13, 2012. 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 4 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 provides that no deficiency judgment shall lie following a judicial foreclosure with respect to, among other things, a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of real property, or under a deed of trust or mortgage on a dwelling to secure repayment of a purchase money loan which was in fact used to pay all or part of the purchase price of that dwelling. This bill would additionally provide that no deficiency judgment shall lie in any event on any loan, refinance, or other credit transaction that is used to refinance a purchase money loan, as defined, or subsequent refinances of a purchase money loan, except to the extent that the lender or creditor advances new principal which is not applied to any obligation owed or to be owed under the purchase money loan, or to fees, costs, or related expenses of the refinance. The bill would provide, for purposes of these provisions, that any payment of principal for a refinanced purchase money loan would be deemed to be applied first to the principal balance of the purchase money loan, and then to the remaining principal balance, as specified. The bill's provisions would apply to a loan, refinance, or other credit transaction used to refinance a purchase money loan which is executed on or after January 1, 2013.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 64, Statutes of 2012.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 4 p.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 79. Noes 0. Page 5421.) Ordered to the Senate.

  6. Read second time. Ordered to consent calendar.

  7. From committee: Do pass. Ordered to consent calendar. (Ayes 10. Noes 0.) (June 19).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. (Ayes 39. Noes 0. Page 3638.) Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. From committee: Do pass. (Ayes 5. Noes 0. Page 3389.) (May 1).

  13. Set for hearing May 1.

  14. From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.

  15. Referred to Com. on JUD.

  16. From printer. May be acted upon on or after March 15.

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

Sponsors

  • Corbett · Primary

Sponsorship breakdown

Export CSV (upgrade) →

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

Sponsors (1)

  • Corbett

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

SB 1069 Corbett Consent Calendar Second Day

Passed 79 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 76001
Democratic 1000
Republican 2000
Total 79001
% of votes cast 99%0%0%1%
How each member voted (80)
Member Party Vote
Gordon — Yea
Butler — Yea
Garrick — Yea
Hagman — Yea
Carter — Yea
Hill — Yea
John A. Pérez — Yea
Mitchell — Yea
Perea — Yea
Wagner — Yea
Yamada — Yea
Eng — Yea
Furutani — Yea
Atkins — Yea
Halderman — Yea
Campos — Yea
Hall — Yea
Harkey — Yea
Cedillo — Yea
Portantino — Yea
Huffman — Yea
Allen — Yea
Jeffries — Yea
Lara — Yea
Bonilla — Yea
Ammiano — Yea
Logue — Yea
Blumenfield — Yea
Conway — Yea
Davis — Yea
Donnelly — Yea
Mendoza — Yea
Morrell — Yea
Nestande — Yea
Norby — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Swanson — Yea
Torres — Yea
Wieckowski — Yea
Fong — Yea
Fletcher — Yea
Fuentes — Yea
Galgiani — Yea
Gatto — Yea
Gorell — Yea
Miller — Not Voting
Monning — Yea
Smyth — Yea
Achadjian — Yea
Alejo — Yea
Beall — Yea
Block — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Hayashi — Yea
Huber — Yea
Hueso — Yea
Knight — Yea
Ma — Yea
Mansoor — Yea
Nielsen — Yea
Olsen — Yea
Skinner — Yea
Valadao — Yea
Williams — Yea
Chesbro — Yea
Cook — Yea
Feuer — Yea
Dickinson — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Bonnie Lowenthal — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Calderon, Lisa Democratic Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass, to Consent Calendar.

Passed 10 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 9000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Atkins — Yea
Gorell — Yea
Huber — Yea
Chesbro — Yea
Monning — Yea
Wieckowski — Yea
Wagner — Yea
Feuer — Yea
Dickinson — Yea
Jones, Brian W. Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Republican 1000
Democratic 2000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Yee — Yea
Hancock — Yea
Wyland — Yea
Hernandez — Yea
Lowenthal — Yea
De León — Yea
Huff — Yea
Anderson — Yea
Blakeslee — Yea
Liu — Yea
Price — Yea
Negrete McLeod — Yea
Rubio — Yea
Runner — Not Voting
Cannella — Yea
Leno — Yea
Corbett — Yea
Dutton — Yea
Vargas — Yea
Alquist — Yea
Harman — Yea
Kehoe — Yea
Lieu — Yea
Pavley — Yea
Simitian — Yea
Steinberg — Yea
Walters — Yea
Wolk — Yea
Wright — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Fuller — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
La Malfa — Yea
Calderon, Lisa Democratic Yea
Padilla, Stephen C. Democratic Yea
Strickland, Tony Republican Yea

Official roll call →

Do pass.

Passed 5 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5000
Total 5000
% of votes cast 100%0%0%0%
How each member voted (5)
Member Party Vote
Blakeslee — Yea
Harman — Yea
Leno — Yea
Corbett — Yea
Evans — Yea

Official roll call →

Subjects

finance housing
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 1069 do?
Existing law provides that no deficiency judgment shall lie following a judicial foreclosure with respect to, among other things, a deed of trust or mortgage given to the vendor to secure payment of the balance of the purchase price of real property, or under a deed of trust or mortgage on a dwelling to secure repayment of a purchase money loan which was in fact used to pay all or part of the purchase price of that dwelling. This bill would additionally provide that no deficiency judgment shall lie in any event on any loan, refinance, or other credit transaction that is used to refinance a purchase money loan, as defined, or subsequent refinances of a purchase money loan, except to the extent that the lender or creditor advances new principal which is not applied to any obligation owed or to be owed under the purchase money loan, or to fees, costs, or related expenses of the refinance. The bill would provide, for purposes of these provisions, that any payment of principal for a refinanced purchase money loan would be deemed to be applied first to the principal balance of the purchase money loan, and then to the remaining principal balance, as specified. The bill's provisions would apply to a loan, refinance, or other credit transaction used to refinance a purchase money loan which is executed on or after January 1, 2013.
Who sponsors SB 1069?
SB 1069 is sponsored by Corbett.
What is the current status of SB 1069?
This bill has been enacted into law. Introduced February 13, 2012. Enacted.
Where can I track SB 1069?
Track SB 1069 free on One Click Politics — get push/email alerts when it moves.

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