California 2011-2012 Regular Session Status: In Committee

AB 935 — Foreclosures: foreclosure mitigation charges.

Last action — From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

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  1. ✓
    Introduced
  2. 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 “In Committee” 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This bill is no longer active — its legislative session has ended, so there is no live prognosis.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 sets forth the criteria for procedures for the foreclosure of property, including the filing of various notices with the county recorder, and generally sets forth the duties of the county recorder in this regard. This bill would, until January 1, 2015, for loans already originated as of the date that this bill becomes effective, with some exceptions, prohibit a notice of trustee's sale from being accepted for filing with the county recorder until the mortgage servicer pays a foreclosure mitigation charge of $20,000. It would require the county recorder to keep the moneys in trust until a notice of rescission is filed, at which time the moneys would be returned to the mortgage servicer, or until a trustee deed of sale is filed, at which time the moneys would be transmitted to the Treasurer for deposit in the Foreclosure Mitigation Fund, which would be created by the bill; the interest earned on the moneys would be retained by the county recorder in either case. The fund would be continuously appropriated for distribution by the Treasurer to local agencies for specified purposes. By imposing a new duty on county recorders in collecting this fee, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.

Bill Text

Action History

  1. From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

  2. Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

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

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

  5. (Pending re-referral to Com. on L. GOV.)

  6. Assembly Rule 56 suspended. (Ayes 45. Noes 24. Page 1118.)

  7. In committee: Set first hearing. Failed passage. Reconsideration granted.

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

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

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

  11. Re-referred to Coms. on B. & F. and L. GOV. pursuant to Assembly Rule 96.

  12. From committee chair, with author's amendments: Amend, and re-refer to Com. on L. GOV. Read second time and amended.

  13. Referred to Com. on L. GOV.

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

  15. Read first time. To print.

Sponsors

  • Blumenfield · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Blumenfield

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

Do pass and be re-referred to the Committee on Local Government.

Failed 4 Yea · 4 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 3404
Democratic 1000
Total 4404
% of votes cast 33%33%0%33%
How each member voted (12)
Member Party Vote
Fuentes — Yea
Fletcher — Nay
Morrell — Nay
Perea — Not Voting
Achadjian — Nay
Harkey — Nay
Lara — Not Voting
Skinner — Yea
Torres — Not Voting
Eng — Yea
Roger Hernández — Not Voting
Calderon, Lisa Democratic 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 AB 935 do?
Existing law sets forth the criteria for procedures for the foreclosure of property, including the filing of various notices with the county recorder, and generally sets forth the duties of the county recorder in this regard. This bill would, until January 1, 2015, for loans already originated as of the date that this bill becomes effective, with some exceptions, prohibit a notice of trustee's sale from being accepted for filing with the county recorder until the mortgage servicer pays a foreclosure mitigation charge of $20,000. It would require the county recorder to keep the moneys in trust until a notice of rescission is filed, at which time the moneys would be returned to the mortgage servicer, or until a trustee deed of sale is filed, at which time the moneys would be transmitted to the Treasurer for deposit in the Foreclosure Mitigation Fund, which would be created by the bill; the interest earned on the moneys would be retained by the county recorder in either case. The fund would be continuously appropriated for distribution by the Treasurer to local agencies for specified purposes. By imposing a new duty on county recorders in collecting this fee, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.
Who sponsors AB 935?
AB 935 is sponsored by Blumenfield.
What is the current status of AB 935?
This bill died with 2011-2012 Regular Session. It reached “In Committee” 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 935?
Track AB 935 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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