California 2011-2012 Regular Session Status: Passed Assembly

AB 1745 — Mortgages: notices of sale.

Last action — In committee: Set, first hearing. Hearing canceled at the request of author.

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

This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 requires a lender to file a notice of default in the case of nonjudicial foreclosure prior to enforcing a power of sale as a result of a default on an obligation secured by real property, as specified. Existing law also requires that a notice of sale be given before the power of sale may be exercised. Existing law requires the notice of sale to contain specified information regarding the property and the sale, and to be recorded with the county recorder, as specified. As of April 1, 2012, existing law also requires that the notice of sale contain language notifying potential bidders of specified risks involved in bidding on property at a trustee's sale, and a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. This bill would prohibit a mortgagee, trustee, beneficiary, or authorized agent from recording a notice of sale pursuant to the above provisions after providing written approval of a short sale, as defined. The bill would also authorize a mortgagee, beneficiary, or authorized agent to withdraw an approval of a short sale if the mortgagor or trustor fails to comply with a condition of the written short sale agreement. The bill would also require a written notice to be provided to a mortgagor or trustor not less than 3 days following the written withdrawal of approval that includes the reason or reasons for the withdrawal. The bill would also provide that the prohibition against recording a notice of sale would not apply after written withdrawal of a short sale approval is provided to a mortgagor or trustor, unless subsequent approval of a short sale is provided.

Bill Text

Action History

  1. In committee: Set, first hearing. Hearing canceled at the request of author.

  2. From committee: Do pass and re-refer to Com. on JUD. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (June 20). Re-referred to Com. on JUD.

  3. From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on B. & F.I.

  4. Referred to Coms. on B. & F.I. and JUD.

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

  6. Read third time. Passed. Ordered to the Senate. (Ayes 76. Noes 0. Page 4820.)

  7. Read second time. Ordered to third reading.

  8. From committee: Do pass. (Ayes 10. Noes 0.) (May 8).

  9. Re-referred to Com. on JUD.

  10. Read second time and amended.

  11. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 11. Noes 0.) (April 30).

  12. Re-referred to Com. on B. & F.

  13. From committee chair, with author's amendments: Amend, and re-refer to Com. on B. & F. Read second time and amended.

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

  15. From printer. May be heard in committee March 22.

  16. Read first time. To print.

Sponsors

  • Torres · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Torres

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 1745 TORRES Assembly Third Reading

Passed 76 Yea · 0 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 73004
Republican 2000
Democratic 1000
Total 76004
% of votes cast 95%0%0%5%
How each member voted (80)
Member Party Vote
Gordon — Yea
Gorell — Yea
Butler — Yea
Eng — Yea
Feuer — Yea
Garrick — Yea
Carter — Yea
Cedillo — Yea
Hagman — Yea
Fong — Yea
Conway — Yea
Allen — Yea
Hill — Yea
Alejo — Yea
Cook — Yea
Olsen — Yea
Skinner — Yea
Swanson — Yea
Wagner — Yea
Yamada — Yea
Portantino — Yea
John A. Pérez — Yea
Mitchell — Yea
Fuentes — Yea
Campos — Yea
Galgiani — Yea
Bonilla — Yea
Atkins — Not Voting
Fletcher — Not Voting
Halderman — Yea
Chesbro — Yea
Hall — Yea
Hayashi — Yea
Huffman — Yea
Beall — Yea
Block — Yea
Donnelly — Yea
Jeffries — Yea
Knight — Yea
Lara — Yea
Mendoza — Yea
Miller — Yea
Morrell — Yea
Nestande — Yea
Pan — Yea
Silva — Yea
Solorio — Yea
Torres — Yea
Valadao — Not Voting
Achadjian — Yea
Ammiano — Yea
Blumenfield — Yea
Bradford — Yea
Brownley — Yea
Buchanan — Yea
Harkey — Yea
Huber — Yea
Hueso — Yea
Logue — Yea
Ma — Yea
Mansoor — Yea
Monning — Yea
Nielsen — Yea
Norby — Yea
Perea — Not Voting
Smyth — Yea
Wieckowski — Yea
Williams — Yea
Davis — Yea
Dickinson — Yea
Furutani — Yea
Gatto — 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.

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
Atkins — Yea
Feuer — Yea
Gorell — Yea
Huber — Yea
Monning — Yea
Wieckowski — Yea
Wagner — Yea
Dickinson — Yea
Bonnie Lowenthal — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended and be re-referred to the Committee on Judiciary.

Passed 11 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 10001
Democratic 1000
Total 11001
% of votes cast 92%0%0%8%
How each member voted (12)
Member Party Vote
Fuentes — Yea
Gatto — Yea
Harkey — Yea
Perea — Yea
Torres — Yea
Fletcher — Not Voting
Eng — Yea
Morrell — Yea
Achadjian — Yea
Lara — Yea
Roger Hernández — Yea
Calderon, Lisa Democratic Yea

Official roll call →

Subjects

housing
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Frequently asked questions

What does AB 1745 do?
Existing law requires a lender to file a notice of default in the case of nonjudicial foreclosure prior to enforcing a power of sale as a result of a default on an obligation secured by real property, as specified. Existing law also requires that a notice of sale be given before the power of sale may be exercised. Existing law requires the notice of sale to contain specified information regarding the property and the sale, and to be recorded with the county recorder, as specified. As of April 1, 2012, existing law also requires that the notice of sale contain language notifying potential bidders of specified risks involved in bidding on property at a trustee's sale, and a notice to the property owner informing the owner about how to obtain information regarding any postponement of the sale. This bill would prohibit a mortgagee, trustee, beneficiary, or authorized agent from recording a notice of sale pursuant to the above provisions after providing written approval of a short sale, as defined. The bill would also authorize a mortgagee, beneficiary, or authorized agent to withdraw an approval of a short sale if the mortgagor or trustor fails to comply with a condition of the written short sale agreement. The bill would also require a written notice to be provided to a mortgagor or trustor not less than 3 days following the written withdrawal of approval that includes the reason or reasons for the withdrawal. The bill would also provide that the prohibition against recording a notice of sale would not apply after written withdrawal of a short sale approval is provided to a mortgagor or trustor, unless subsequent approval of a short sale is provided.
Who sponsors AB 1745?
AB 1745 is sponsored by Torres.
What is the current status of AB 1745?
This bill died with 2011-2012 Regular Session. It reached “Passed Assembly” 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 AB 1745?
Track AB 1745 free on One Click Politics — get push/email alerts when it moves.

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