California 2015-2016 Regular Session Status: Enacted

SB 1150 — Mortgages and deeds of trust: mortgage servicers: successors in interest.

Last action — Chaptered by Secretary of State. Chapter 838, Statutes of 2016.

  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 18, 2016. Enacted.

Prognosis

Advancing 58% · 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.

  • 3 sponsors

    1 primary, 2 co-sponsors signed on.

  • Mixed recorded votes

    9 passed, 1 failed in 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 imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law gives a borrower, as defined, various rights and remedies against a mortgage servicer, mortgagee, trustee, beneficiary, and authorized agent in regards to foreclosure prevention alternatives, as defined, including loan modifications, which is commonly referred to as being part of the California Homeowner Bill of Rights. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. This bill until January 1, 2020, would prohibit a mortgage servicer, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, who is someone claiming to be a successor in interest, who is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. The bill would deem a claimant a successor in interest, as defined, upon receipt by a mortgage servicer of the reasonable documentation regarding the status of the claimant as a successor in interest and the claimant's ownership interest in the real property. The bill would require a mortgage servicer, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. The bill would require a mortgage servicer to allow a successor in interest to assume the deceased borrower's loan or to apply for foreclosure prevention alternatives on an assumable loan, as specified. The bill would authorize a mortgage servicer, when there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, to require any nonapplicant successor in interest to consent in writing to the application for a loan assumption. The bill would provide that a successor in interest, as specified, who assumes an assumable loan and wishes to apply for a foreclosure prevention alternative has the same rights and remedies as a borrower under specified provisions of the California Homeowner Bill of Rights. The bill would authorize a successor in interest to bring an action for injunctive relief to enjoin a material violation of specified provisions of law and would authorize a court to award a prevailing successor in interest reasonable attorney's fees and costs for the action. The bill would define terms for these purposes and make various findings and declarations. The bill would deem a mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an agent thereof, to be in compliance with the above-described provisions if they comply with specified federal laws. The bill would exempt certain depository institutions and persons from these provisions, as specified.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 838, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 1:30 p.m.

  4. Assembly amendments concurred in. (Ayes 22. Noes 13. Page 5373.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 49. Noes 26. Page 6012.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended. (Ayes 73. Noes 0. Page 5949.)

  9. Ordered to third reading.

  10. Read third time and amended.

  11. Read second time. Ordered to third reading.

  12. Read second time and amended. Ordered to second reading.

  13. From committee: Do pass as amended. (Ayes 7. Noes 3.) (June 28).

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

  15. From committee: Do pass as amended and re-refer to Com. on JUD. (Ayes 8. Noes 2.) (June 20).

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

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

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

  19. Read third time. Passed. (Ayes 21. Noes 14. Page 4083.) Ordered to the Assembly.

  20. Reconsideration granted. (Ayes 37. Noes 0. Page 4066.)

  21. Motion to reconsider made by Senator Leno.

  22. Read third time. Refused passage. (Ayes 18. Noes 18. Page 4065.)

  23. Read second time. Ordered to third reading.

  24. Ordered to second reading.

  25. Read third time and amended.

  26. Read second time. Ordered to third reading.

  27. Ordered to second reading.

  28. Read third time and amended.

  29. Read second time and amended. Ordered to third reading.

  30. From committee: Do pass as amended. (Ayes 4. Noes 1. Page 3766.) (May 3).

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

  32. Set for hearing May 3.

  33. From committee: Do pass and re-refer to Com. on JUD. (Ayes 4. Noes 3. Page 3606.) (April 20). Re-referred to Com. on JUD.

  34. Set for hearing April 20.

  35. April 6 set for first hearing canceled at the request of author.

  36. From committee with author's amendments. Read second time and amended. Re-referred to Com. on B. & F.I.

  37. Set for hearing April 6.

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

  39. From printer. May be acted upon on or after March 20.

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

Sponsors

  • Galgiani · Cosponsor
  • Leno · Primary
  • Wieckowski · Cosponsor

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 2 co-sponsors · 119 not signed on · 11 voted No

Sponsors (1)

  • Leno

Co-sponsors (2)

  • Galgiani
  • Wieckowski

Not signed on (119)

119 members have not signed on to this bill.

Show all 119 →

"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

Unfinished Business SB1150 Leno Concurrence

Passed 22 Yea · 13 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 201204
Democratic 2100
Total 221304
% of votes cast 56%33%0%10%
How each member voted (39)
Member Party Vote
Anderson — Nay
Bates — Nay
Hernandez — Not Voting
Leno — Yea
Leyva — Yea
Pan — Yea
Wieckowski — Yea
Fuller — Nay
Glazer — Nay
Allen — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Hancock — Yea
Beall — Yea
Block — Yea
Hill — Yea
Hueso — Yea
Lara — Yea
Liu — Yea
Cannella — Not Voting
Hertzberg — Not Voting
Huff — Nay
Morrell — Nay
Roth — Not Voting
Vidak — Nay
Mendoza — Yea
Monning — Yea
Moorlach — Nay
Nielsen — Nay
Pavley — Yea
Wolk — Yea
Galgiani — Yea
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

SB 1150 Leno Senate Third Reading By STONE

Passed 49 Yea · 26 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 442105
Democratic 5000
Republican 0500
Total 492605
% of votes cast 61%33%0%6%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Nay
Bloom — Yea
Brough — Nay
Brown — Yea
Jones-Sawyer — Yea
Levine — Yea
Mathis — Nay
Melendez — Not Voting
Quirk — Yea
Rendon — Yea
Santiago — Yea
Wagner — Nay
Wood — Yea
Eggman — Yea
Daly — Not Voting
Gatto — Yea
Gomez — Yea
Campos — Yea
Bonilla — Yea
Gray — Yea
Low — Yea
Lopez — Yea
McCarty — Yea
Cooper — Yea
Dababneh — Yea
Dodd — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Atkins — Yea
Gordon — Yea
Salas — Nay
Harper — Nay
Holden — Yea
Burke — Yea
Kim — Nay
Linder — Nay
Maienschein — Nay
Mayes — Nay
Medina — Not Voting
Bigelow — Nay
Chang — Nay
Chau — Yea
Chiu — Yea
Chu — Yea
Chávez — Nay
Cooley — Yea
Obernolte — Nay
Olsen — Nay
Ridley-Thomas — Yea
Rodriguez — Not Voting
Steinorth — Nay
Thurmond — Yea
Ting — Yea
Waldron — Nay
Weber — Yea
Wilk — Nay
Williams — Yea
Frazier — Not Voting
Hadley — Yea
Beth Gaines — Nay
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Nay
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Nay
Gallagher, James Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay
Lackey, Tom Republican Nay

Official roll call →

SB 1150 Leno Senate Third Reading Amendment Set #1

Passed 73 Yea · 0 Nay · 7 Other
Party YeaNayPresentNot Voting
Unaffiliated 63007
Democratic 5000
Republican 5000
Total 73007
% of votes cast 91%0%0%9%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Baker — Yea
Bloom — Yea
Brough — Yea
Brown — Yea
Mathis — Not Voting
O'Donnell — Yea
Ridley-Thomas — Yea
Steinorth — Yea
Waldron — Yea
Wilk — Yea
Wood — Yea
Eggman — Yea
Cooper — Yea
Frazier — Yea
Gatto — Yea
Chávez — Yea
Harper — Yea
Salas — Yea
Jones-Sawyer — Yea
Low — Yea
Mayes — Yea
Medina — Yea
Melendez — Yea
Olsen — Yea
Wagner — Yea
Bonilla — Yea
Gomez — Yea
Gray — Yea
Gordon — Yea
Hadley — Yea
Lopez — Yea
Holden — Not Voting
Kim — Not Voting
Levine — Yea
Linder — Yea
Burke — Yea
Atkins — Yea
Maienschein — Yea
McCarty — Yea
Campos — Yea
Mullin — Yea
Bigelow — Not Voting
Chang — Yea
Chau — Yea
Chiu — Yea
Chu — Yea
Cooley — Yea
Dababneh — Yea
Daly — Yea
Dodd — Not Voting
Nazarian — Yea
Obernolte — Not Voting
Quirk — Yea
Rendon — Yea
Rodriguez — Yea
Santiago — Yea
Thurmond — Yea
Ting — Yea
Weber — Yea
Williams — Yea
Beth Gaines — Yea
Cristina Garcia — Not Voting
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Yea
Travis Allen — Yea
Arambula, Joaquin Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Gipson, Mike A. Democratic Yea
Irwin, Jacqui Democratic Yea
Dahle, Megan Republican Yea
Gallagher, James Republican Yea
Grove, Shannon Republican Yea
Jones, Brian W. Republican Yea
Lackey, Tom Republican Yea

Official roll call →

3rd Reading

Passed 21 Yea · 14 Nay · 5 Other
Party YeaNayPresentNot Voting
Unaffiliated 191305
Democratic 2100
Total 211405
% of votes cast 53%35%0%13%
How each member voted (40)
Member Party Vote
Bates — Nay
Hertzberg — Not Voting
Hueso — Yea
Lara — Yea
Liu — Yea
Pavley — Yea
Roth — Not Voting
Vidak — Nay
Wieckowski — Yea
Fuller — Nay
Hancock — Yea
Allen — Yea
Mitchell — Yea
De León — Yea
Hernandez — Nay
Hill — Yea
Cannella — Nay
Runner — Not Voting
Anderson — Nay
Beall — Yea
Block — Yea
Huff — Nay
Leno — Yea
Leyva — Yea
Mendoza — Not Voting
Monning — Yea
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Pan — Yea
Wolk — Yea
Galgiani — Yea
Glazer — Nay
Hall — Yea
Beth Gaines — Nay
Bill Berryhill — Not Voting
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

3rd Reading SB1150 Leno Reconsider

Passed 37 Yea · 0 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 34003
Democratic 3000
Total 37003
% of votes cast 93%0%0%8%
How each member voted (40)
Member Party Vote
Bates — Yea
Beall — Yea
Block — Yea
Hancock — Yea
Hill — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Pan — Yea
Cannella — Yea
Allen — Yea
Galgiani — Yea
Mitchell — Yea
De León — Yea
Hall — Yea
Runner — Not Voting
Hernandez — Yea
Hertzberg — Yea
Anderson — Yea
Hueso — Yea
Huff — Yea
Lara — Yea
Leyva — Yea
Mendoza — Yea
Moorlach — Yea
Morrell — Yea
Nielsen — Not Voting
Pavley — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Wolk — Yea
Fuller — Not Voting
Glazer — Yea
Beth Gaines — Yea
Bill Berryhill — Yea
Mark Stone — Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Yea

Official roll call →

3rd Reading

Failed 18 Yea · 18 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 161704
Democratic 2100
Total 181804
% of votes cast 45%45%0%10%
How each member voted (40)
Member Party Vote
Anderson — Nay
Beall — Yea
Hill — Nay
Hueso — Yea
Huff — Nay
Leyva — Nay
Mendoza — Nay
Nielsen — Nay
Fuller — Nay
Galgiani — Yea
Glazer — Nay
Hall — Yea
Hancock — Yea
Allen — Yea
Hernandez — Nay
De León — Yea
Mitchell — Yea
Cannella — Nay
Block — Yea
Lara — Yea
Leno — Yea
Liu — Yea
Monning — Yea
Pavley — Yea
Wieckowski — Yea
Wolk — Yea
Runner — Not Voting
Hertzberg — Not Voting
Bates — Nay
Moorlach — Nay
Morrell — Nay
Pan — Not Voting
Roth — Not Voting
Vidak — Nay
Beth Gaines — Nay
Bill Berryhill — Nay
Mark Stone — Nay
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Nguyen, Stephanie Democratic Nay

Official roll call →

Do pass as amended

Passed 4 Yea · 1 Nay · 2 Other
Party YeaNayPresentNot Voting
Unaffiliated 3102
Democratic 1000
Total 4102
% of votes cast 57%14%0%29%
How each member voted (7)
Member Party Vote
Hertzberg — Not Voting
Leno — Yea
Anderson — Nay
Monning — Yea
Moorlach — Not Voting
Wieckowski — Yea
Jackson, Corey A. 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 SB 1150 do?
Existing law imposes various requirements to be satisfied prior to exercising a power of sale under a mortgage or deed of trust. Existing law gives a borrower, as defined, various rights and remedies against a mortgage servicer, mortgagee, trustee, beneficiary, and authorized agent in regards to foreclosure prevention alternatives, as defined, including loan modifications, which is commonly referred to as being part of the California Homeowner Bill of Rights. Existing law defines a mortgage servicer as a person or entity who directly services a loan, or is responsible for interacting with the borrower, and managing the loan account on a daily basis, as specified. This bill until January 1, 2020, would prohibit a mortgage servicer, upon notification that a borrower has died, from recording a notice of default until the mortgage servicer does certain things, including requesting reasonable documentation of the death of the borrower from a claimant, who is someone claiming to be a successor in interest, who is not a party to the loan or promissory note and providing a reasonable period of time for the claimant to present the requested documentation. The bill would deem a claimant a successor in interest, as defined, upon receipt by a mortgage servicer of the reasonable documentation regarding the status of the claimant as a successor in interest and the claimant's ownership interest in the real property. The bill would require a mortgage servicer, within 10 days of a claimant being deemed a successor in interest, to provide the successor in interest with information about the loan, as specified. The bill would require a mortgage servicer to allow a successor in interest to assume the deceased borrower's loan or to apply for foreclosure prevention alternatives on an assumable loan, as specified. The bill would authorize a mortgage servicer, when there are multiple successors in interest who do not wish to proceed as coborrowers or coapplicants, to require any nonapplicant successor in interest to consent in writing to the application for a loan assumption. The bill would provide that a successor in interest, as specified, who assumes an assumable loan and wishes to apply for a foreclosure prevention alternative has the same rights and remedies as a borrower under specified provisions of the California Homeowner Bill of Rights. The bill would authorize a successor in interest to bring an action for injunctive relief to enjoin a material violation of specified provisions of law and would authorize a court to award a prevailing successor in interest reasonable attorney's fees and costs for the action. The bill would define terms for these purposes and make various findings and declarations. The bill would deem a mortgage servicer, mortgagee, or beneficiary of the deed of trust, or an agent thereof, to be in compliance with the above-described provisions if they comply with specified federal laws. The bill would exempt certain depository institutions and persons from these provisions, as specified.
Who sponsors SB 1150?
SB 1150 is sponsored by Galgiani, Leno, and Wieckowski.
What is the current status of SB 1150?
This bill has been enacted into law. Introduced February 18, 2016. Enacted.
Where can I track SB 1150?
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