California 2013-2014 Regular Session Status: Enacted

SB 310 — Mortgages: foreclosure notices: title companies.

Last action — Chaptered by Secretary of State. Chapter 251, Statutes of 2013.

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  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 15, 2013. 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 6 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 requires a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent to, among other things, contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law, until January 1, 2018, prohibits a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default if a foreclosure prevention alternative is approved in writing prior to the recordation of a notice of default under certain circumstances. Existing law, operative January 1, 2018, prohibits a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent from recording a notice of sale or conducting a trustee's sale while a foreclosure prevention alternative application submitted by the borrower is pending, as specified. Existing law, until January 1, 2018, prohibits a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent from recording a notice of default, notice of sale, or conducting a trustee's sale while a complete first lien loan modification application submitted by the borrower is pending, as specified. Existing law, until January 1, 2018, authorizes a borrower to bring an action for injunctive relief to enjoin a material violation of certain of these provisions if a trustee's deed of sale has not been recorded. This bill would exempt a licensed title company or underwritten title company, except when it is acting as a trustee, from liability for a violation of those provisions if it records or causes to record a notice of default or notice of sale at the request of a trustee, substitute trustee, or beneficiary, in good faith and in the normal course of its business activities.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 251, Statutes of 2013.

  2. Approved by the Governor.

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

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 78. Noes 0. Page 2671.) 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.) (August 13).

  8. Hearing postponed by committee.

  9. From committee: Do pass and re-refer to Com. on JUD. with recommendation: To consent calendar. (Ayes 11. Noes 0.) (June 10). Re-referred to Com. on JUD.

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

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

  12. Read third time. Passed. (Ayes 37. Noes 0. Page 948.) Ordered to the Assembly.

  13. Read second time and amended. Ordered to consent calendar.

  14. From committee: Do pass as amended. Ordered to consent calendar. (Ayes 6. Noes 0. Page 852.) (May 7).

  15. Set for hearing May 7.

  16. Read second time and amended. Re-referred to Com. on JUD.

  17. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 9. Noes 0. Page 590.) (April 17).

  18. Set for hearing April 17.

  19. Re-referred to Coms. on B. & F.I. and JUD.

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

  21. Referred to Com. on RLS.

  22. From printer. May be acted upon on or after March 21.

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

Sponsors

  • Calderon · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Calderon

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 310 Calderon Consent Calendar Second Day

Passed 78 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 71000
Democratic 4000
Republican 3000
Total 78000
% of votes cast 100%0%0%0%
How each member voted (78)
Member Party Vote
Achadjian — Yea
Ammiano — Yea
Bloom — Yea
Bradford — Yea
Brown — Yea
Buchanan — Yea
Holden — Yea
Jones-Sawyer — Yea
Linder — Yea
Maienschein — Yea
Nazarian — Yea
Perea — Yea
Rendon — Yea
Weber — Yea
Gordon — Yea
Gorell — Yea
Campos — Yea
Mansoor — Yea
Mullin — Yea
Olsen — Yea
Allen — Yea
Alejo — Yea
Daly — Yea
Dickinson — Yea
Ting — Yea
Wagner — Yea
Wilk — Yea
Chau — Yea
Bonilla — Yea
Gomez — Yea
Hagman — Yea
Hall — Yea
Gray — Yea
Harkey — Yea
Mitchell — Yea
Levine — Yea
Logue — Yea
Bocanegra — Yea
John A. Pérez — Yea
Salas — Yea
Lowenthal — Yea
Medina — Yea
Garcia — Yea
Atkins — Yea
Fong — Yea
Melendez — Yea
Morrell — Yea
Bigelow — Yea
Chesbro — Yea
Chávez — Yea
Conway — Yea
Cooley — Yea
Donnelly — Yea
Eggman — Yea
Nestande — Yea
Pan — Yea
Quirk — Yea
Skinner — Yea
Waldron — Yea
Wieckowski — Yea
Williams — Yea
Fox — Yea
Frazier — Yea
Gatto — Yea
Yamada — Yea
Beth Gaines — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
V. Manuel Pérez — Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Muratsuchi, Al Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Dahle, Megan Republican 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
Unaffiliated 8000
Democratic 2000
Total 10000
% of votes cast 100%0%0%0%
How each member voted (10)
Member Party Vote
Alejo — Yea
Maienschein — Yea
Chau — Yea
Stone — Yea
Wagner — Yea
Wieckowski — Yea
Dickinson — Yea
Gorell — Yea
Garcia, Robert Democratic Yea
Muratsuchi, Al Democratic Yea

Official roll call →

Consent Calendar 2nd

Passed 37 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 34001
Democratic 3000
Total 37001
% of votes cast 97%0%0%3%
How each member voted (38)
Member Party Vote
Anderson — Yea
Block — Yea
Hernandez — Yea
Huff — Yea
Lara — Yea
Lieu — Yea
Pavley — Yea
Wright — Yea
Fuller — Yea
Hancock — Yea
Hueso — Yea
Leno — Yea
Liu — Yea
De León — Yea
Beall — Yea
Nielsen — Yea
Steinberg — Yea
Walters — Yea
Wyland — Yea
Hill — Yea
Cannella — Yea
Knight — Yea
Monning — Yea
Corbett — Yea
Price — Not Voting
Roth — Yea
Wolk — Yea
Emmerson — Yea
Correa — Yea
Evans — Yea
DeSaulnier — Yea
Galgiani — Yea
Yee — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Calderon, Lisa Democratic Yea
Jackson, Corey A. Democratic Yea
Padilla, Stephen C. Democratic Yea

Official roll call →

Subjects

public-safety 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 310 do?
Existing law requires a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent to, among other things, contact the borrower prior to filing a notice of default to explore options for the borrower to avoid foreclosure, as specified. Existing law, until January 1, 2018, prohibits a mortgage servicer, mortgagee, trustee, beneficiary, or authorized agent from recording a notice of default if a foreclosure prevention alternative is approved in writing prior to the recordation of a notice of default under certain circumstances. Existing law, operative January 1, 2018, prohibits a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent from recording a notice of sale or conducting a trustee's sale while a foreclosure prevention alternative application submitted by the borrower is pending, as specified. Existing law, until January 1, 2018, prohibits a mortgage servicer, trustee, mortgagee, beneficiary, or authorized agent from recording a notice of default, notice of sale, or conducting a trustee's sale while a complete first lien loan modification application submitted by the borrower is pending, as specified. Existing law, until January 1, 2018, authorizes a borrower to bring an action for injunctive relief to enjoin a material violation of certain of these provisions if a trustee's deed of sale has not been recorded. This bill would exempt a licensed title company or underwritten title company, except when it is acting as a trustee, from liability for a violation of those provisions if it records or causes to record a notice of default or notice of sale at the request of a trustee, substitute trustee, or beneficiary, in good faith and in the normal course of its business activities.
Who sponsors SB 310?
SB 310 is sponsored by Calderon.
What is the current status of SB 310?
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Where can I track SB 310?
Track SB 310 free on One Click Politics — get push/email alerts when it moves.

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