California 2019-2020 Regular Session Status: Enacted 1 D cosponsors

SB 1079 — Residential property: foreclosure.

Last action — Chaptered by Secretary of State. Chapter 202, Statutes of 2020.

  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 19, 2020. Enacted.

Prognosis

Likely to advance 74% · 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.

  • 2 sponsors

    1 primary, 1 co-sponsors signed on.

  • Single-party support

    Sponsorship is currently within one party (1 D).

  • Cleared a recorded vote

    Passed 7 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 prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law requires, among other things, that a statement of the default containing specific information be mailed to the trustor or mortgagor at that person's last known address. If the deed of trust or mortgage containing a power of sale is secured by real property containing from 1 to 4 single-family residences, existing law requires the notice of sale to contain specified notices to potential bidders and to the property owner in substantially prescribed language. This bill, until January 1, 2026, would require the notice of sale also to contain a specified notice to a tenant regarding the tenant's potential right to purchase a property containing from 1 to 4 single-family residences pursuant to a process the bill would prescribe. In connection with these properties, the bill would also require a trustee to maintain an internet website and a telephone number to provide specified information on the properties that is free of charge and available 24 hours a day, 7 days a week. Existing law, with regard to the exercise of a power of sale under a mortgage or deed of trust, requires the sale to be held in the county where the property or some part of it is situated and to be made at auction, to the highest bidder, as specified. Existing law generally requires that if the property consists of several lots or parcels, they are to be sold separately unless the deed of trust or mortgage provides otherwise. This bill, until January 1, 2026, for purposes of the exercise of a power of sale as described above, would prohibit a trustee from bundling properties for the purpose of sale, instead requiring each property to be bid on separately, unless the deed of trust or mortgage provides otherwise. Existing law prescribes certain requirements for bids made at a trustee sale, authorizes a trustee to require bidders at these sales to satisfy certain conditions, and specifies when a trustee sale becomes final. This bill, until January 1, 2026, would prescribe an alternative process in connection with a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing 1 to 4 residential units. In this process, if a prospective owner occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder at the trustee sale to become final are met. The bill would require the trustee to require the prospective owner occupant to provide certain information confirming the owner occupant's status. If a prospective owner occupant is not the last highest bidder, the bill would grant eligible tenant buyers, as defined, and other eligible bidders, as defined, certain rights and priorities to make bids on the property after the initial trustee sale and potentially to purchase it as the last and highest bidder, subject to certain requirements and timelines. The bill would prescribe duties for trustees in connection with this process that would be performed if an owner occupant is not the last highest bidder. This bill would state that specified provisions related to mortgages and deeds of trust do not relieve a person who is deemed the legal owner of property when a trustee's deed is recorded from complying with applicable law regarding the eviction or displacement of tenants, including requirements for the provision of relocation assistance and just cause eviction. Existing law specifically requires the owner of vacant residential property purchased at a foreclosure sale, or acquired through foreclosure under a mortgage or deed of trust, to maintain that property. Existing law authorizes a governmental entity to impose a civil fine of up to $1,000 for each day that the owner fails to maintain the property, subject to the owner being given notice and an opportunity to cure the violation, as specified. Existing law requires the entity levying the fine to provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine. This bill would increase the above-described civil fine to up to $2,000 per day for the first 30 days, and up to a maximum of $5,000 per day thereafter, subject to the discretion of the governmental entity levying the fine. The bill would require the entity to provide notice of intent to assess a civil fine if the legal owner does not commence action to remedy the violation, notify the entity of that action, and complete the action within certain periods to be determined by the entity, subject to specified minimum lengths of time. This bill would incorporate additional changes to Section 2924f of the Civil Code proposed by SB 1148 to be operative only if this bill and SB 1148 are enacted and this bill is enacted last. If this bill and SB 1148 are enacted and SB 1148 is enacted last, this bill would make inoperative provisions that otherwise would be added by this bill, to be operative January 1, 2026, that would be inconsistent with the additional changes to Section 2924f of the Civil Code proposed by SB 1148.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 202, Statutes of 2020.

  2. Approved by the Governor.

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

  4. Assembly amendments concurred in. (Ayes 30. Noes 9.) Ordered to engrossing and enrolling.

  5. In Senate. Concurrence in Assembly amendments pending.

  6. Read third time. Passed. (Ayes 49. Noes 17. Page 5304.) Ordered to the Senate.

  7. Ordered to third reading.

  8. Read third time and amended.

  9. Read second time. Ordered to third reading.

  10. From committee: Do pass. (Ayes 8. Noes 1.) (August 12).

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

  12. July 30 hearing postponed by committee.

  13. July 22 hearing postponed by committee.

  14. Referred to Com. on JUD.

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

  16. Read third time. Passed. (Ayes 30. Noes 10. Page 3880.) Ordered to the Assembly.

  17. Read second time. Ordered to third reading.

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

  19. From committee: Do pass as amended. (Ayes 5. Noes 2. Page 3769.) (June 18).

  20. Set for hearing June 18.

  21. June 9 hearing: Placed on APPR. suspense file.

  22. Set for hearing June 9.

  23. Read second time and amended. Re-referred to Com. on APPR.

  24. From committee: Do pass as amended and re-refer to Com. on APPR. (Ayes 7. Noes 1. Page 3583.) (May 22).

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

  26. Referral to Coms. on GOV. & F., and HOUSING rescinded due to the shortened 2020 Legislative Calendar.

  27. Set for hearing May 22.

  28. March 24 hearing postponed by committee.

  29. Set for hearing March 24.

  30. Referred to Coms. on JUD., GOV. & F., and HOUSING.

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

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

Sponsors

Sponsorship breakdown

Export CSV (upgrade) →

1 sponsors · 1 co-sponsors · 120 not signed on · 9 voted No

Sponsors (1)

  • Skinner

Co-sponsors (1)

Not signed on (120)

120 members have not signed on to this bill.

Show all 120 →

"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 SB1079 Skinner et al. Concurrence

Passed 30 Yea · 9 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 20700
Democratic 10000
Republican 0201
Total 30901
% of votes cast 75%23%0%3%
How each member voted (40)
Member Party Vote
Roth — Yea
Galgiani — Yea
Portantino — Yea
Rubio — Yea
Atkins — Yea
Wieckowski — Yea
Wilk — Yea
Hertzberg — Yea
Pan — Yea
Mitchell — Yea
Monning — Yea
Glazer — Yea
Beall — Yea
Hueso — Yea
Leyva — Yea
Allen — Yea
Bradford — Yea
Skinner — Yea
Dodd — Yea
Hill — Yea
Chang — Nay
Borgeas — Nay
Melendez — Nay
Bates — Nay
Moorlach — Nay
Morrell — Nay
Nielsen — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Not Voting

Official roll call →

SB 1079 Skinner Senate Third Reading By Grayson

Passed 49 Yea · 17 Nay · 13 Other
Party YeaNayPresentNot Voting
Unaffiliated 2911011
Democratic 20002
Republican 0600
Total 4917013
% of votes cast 62%22%0%16%
How each member voted (79)
Member Party Vote
Wood — Yea
Jones-Sawyer — Yea
Levine — Yea
Weber — Yea
Mullin — Yea
Rendon — Yea
Bloom — Yea
Gonzalez — Yea
Ting — Yea
Nazarian — Yea
Kamlager — Yea
Holden — Yea
Smith — Yea
Obernolte — Nay
Brough — Nay
Gray — Nay
Mathis — Nay
Fong — Nay
Cunningham — Nay
Waldron — Nay
Bigelow — Nay
Kiley — Nay
Diep — Nay
Maienschein — Not Voting
Eggman — Not Voting
Daly — Not Voting
Mayes — Not Voting
Rodriguez — Not Voting
Cooper — Not Voting
Frazier — Not Voting
Burke — Not Voting
Salas — Not Voting
O'Donnell — Not Voting
Voepel — Not Voting
Friedman — Yea
Low — Yea
Cooley — Yea
Santiago — Yea
Chu — Yea
Chau — Yea
Medina — Yea
Gloria — Yea
McCarty — Yea
Chiu — Yea
Quirk — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Nay
Luz Rivas — Yea
Mark Stone — Yea
Wendy Carrillo — Yea
Aguiar-Curry, Cecilia M. Democratic Yea
Arambula, Joaquin Democratic Yea
Bauer-Kahan, Rebecca Democratic Yea
Berman, Marc Democratic Yea
Boerner, Tasha Democratic Yea
Bonta, Mia Democratic Yea
Calderon, Lisa Democratic Yea
Cervantes, Sabrina Democratic Yea
Gabriel, Jesse Democratic Yea
Gipson, Mike A. Democratic Yea
Grayson, Timothy S. Democratic Yea
Irwin, Jacqui Democratic Yea
Kalra, Ash Democratic Yea
Limón, Monique Democratic Yea
Muratsuchi, Al Democratic Yea
Petrie-Norris, Cottie Democratic Yea
Quirk-Silva, Sharon Democratic Yea
Ramos, James C. Democratic Not Voting
Reyes, Eloise Gómez Democratic Yea
Rivas, Robert Democratic Yea
Rubio, Blanca E. Democratic Yea
Wicks, Buffy Democratic Not Voting
Chen, Phillip Republican Nay
Choi, Steven S. Republican Nay
Dahle, Megan Republican Nay
Flora, Heath Republican Nay
Gallagher, James Republican Nay
Lackey, Tom Republican Nay

Official roll call →

3rd Reading

Passed 30 Yea · 10 Nay
Party YeaNayPresentNot Voting
Unaffiliated 20700
Democratic 10000
Republican 0300
Total 301000
% of votes cast 75%25%0%0%
How each member voted (40)
Member Party Vote
Leyva — Yea
Atkins — Yea
Skinner — Yea
Allen — Yea
Dodd — Yea
Hertzberg — Yea
Glazer — Yea
Roth — Yea
Rubio — Yea
Wilk — Yea
Hill — Yea
Mitchell — Yea
Pan — Yea
Beall — Yea
Wieckowski — Yea
Monning — Yea
Galgiani — Yea
Portantino — Yea
Bradford — Yea
Hueso — Yea
Morrell — Nay
Chang — Nay
Nielsen — Nay
Moorlach — Nay
Bates — Nay
Melendez — Nay
Borgeas — Nay
Archuleta, Bob Democratic Yea
Caballero, Anna M. Democratic Yea
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Hurtado, Melissa Democratic Yea
Jackson, Corey A. Democratic Yea
McGuire, Mike Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Wiener, Scott D. Democratic Yea
Dahle, Megan Republican Nay
Grove, Shannon Republican Nay
Jones, Brian W. Republican Nay

Official roll call →

Do pass as amended

Passed 5 Yea · 2 Nay
Party YeaNayPresentNot Voting
Unaffiliated 5100
Republican 0100
Total 5200
% of votes cast 71%29%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bradford — Yea
Bates — Nay
Jones, Brian W. Republican Nay

Official roll call →

Placed on suspense file

Passed 7 Yea · 0 Nay
Party YeaNayPresentNot Voting
Republican 1000
Unaffiliated 6000
Total 7000
% of votes cast 100%0%0%0%
How each member voted (7)
Member Party Vote
Leyva — Yea
Wieckowski — Yea
Hill — Yea
Portantino — Yea
Bates — Yea
Bradford — Yea
Jones, Brian W. Republican Yea

Official roll call →

Do pass as amended, but first amend, and re-refer to the Committee on [Appropriations]

Passed 7 Yea · 1 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 2001
Democratic 5000
Republican 0100
Total 7101
% of votes cast 78%11%0%11%
How each member voted (9)
Member Party Vote
Monning — Yea
Wieckowski — Yea
Borgeas — Not Voting
Durazo, Maria Elena Democratic Yea
Gonzalez, Lena A. Democratic Yea
Jackson, Corey A. Democratic Yea
Stern, Henry I. Democratic Yea
Umberg, Thomas J. Democratic Yea
Jones, Brian W. Republican Nay

Official roll call →

Subjects

housing labor
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Frequently asked questions

What does SB 1079 do?
Existing law prescribes various requirements to be satisfied before the exercise of a power of sale under a mortgage or deed of trust and prescribes a procedure for the exercise of that power. Existing law requires, among other things, that a statement of the default containing specific information be mailed to the trustor or mortgagor at that person's last known address. If the deed of trust or mortgage containing a power of sale is secured by real property containing from 1 to 4 single-family residences, existing law requires the notice of sale to contain specified notices to potential bidders and to the property owner in substantially prescribed language. This bill, until January 1, 2026, would require the notice of sale also to contain a specified notice to a tenant regarding the tenant's potential right to purchase a property containing from 1 to 4 single-family residences pursuant to a process the bill would prescribe. In connection with these properties, the bill would also require a trustee to maintain an internet website and a telephone number to provide specified information on the properties that is free of charge and available 24 hours a day, 7 days a week. Existing law, with regard to the exercise of a power of sale under a mortgage or deed of trust, requires the sale to be held in the county where the property or some part of it is situated and to be made at auction, to the highest bidder, as specified. Existing law generally requires that if the property consists of several lots or parcels, they are to be sold separately unless the deed of trust or mortgage provides otherwise. This bill, until January 1, 2026, for purposes of the exercise of a power of sale as described above, would prohibit a trustee from bundling properties for the purpose of sale, instead requiring each property to be bid on separately, unless the deed of trust or mortgage provides otherwise. Existing law prescribes certain requirements for bids made at a trustee sale, authorizes a trustee to require bidders at these sales to satisfy certain conditions, and specifies when a trustee sale becomes final. This bill, until January 1, 2026, would prescribe an alternative process in connection with a trustee's sale of property under a power of sale contained in a deed of trust or mortgage on real property containing 1 to 4 residential units. In this process, if a prospective owner occupant, as defined, is the last highest bidder, the date upon which specified conditions required of the bidder at the trustee sale to become final are met. The bill would require the trustee to require the prospective owner occupant to provide certain information confirming the owner occupant's status. If a prospective owner occupant is not the last highest bidder, the bill would grant eligible tenant buyers, as defined, and other eligible bidders, as defined, certain rights and priorities to make bids on the property after the initial trustee sale and potentially to purchase it as the last and highest bidder, subject to certain requirements and timelines. The bill would prescribe duties for trustees in connection with this process that would be performed if an owner occupant is not the last highest bidder. This bill would state that specified provisions related to mortgages and deeds of trust do not relieve a person who is deemed the legal owner of property when a trustee's deed is recorded from complying with applicable law regarding the eviction or displacement of tenants, including requirements for the provision of relocation assistance and just cause eviction. Existing law specifically requires the owner of vacant residential property purchased at a foreclosure sale, or acquired through foreclosure under a mortgage or deed of trust, to maintain that property. Existing law authorizes a governmental entity to impose a civil fine of up to $1,000 for each day that the owner fails to maintain the property, subject to the owner being given notice and an opportunity to cure the violation, as specified. Existing law requires the entity levying the fine to provide a period of not less than 30 days for the legal owner to remedy the violation prior to imposing a civil fine. This bill would increase the above-described civil fine to up to $2,000 per day for the first 30 days, and up to a maximum of $5,000 per day thereafter, subject to the discretion of the governmental entity levying the fine. The bill would require the entity to provide notice of intent to assess a civil fine if the legal owner does not commence action to remedy the violation, notify the entity of that action, and complete the action within certain periods to be determined by the entity, subject to specified minimum lengths of time. This bill would incorporate additional changes to Section 2924f of the Civil Code proposed by SB 1148 to be operative only if this bill and SB 1148 are enacted and this bill is enacted last. If this bill and SB 1148 are enacted and SB 1148 is enacted last, this bill would make inoperative provisions that otherwise would be added by this bill, to be operative January 1, 2026, that would be inconsistent with the additional changes to Section 2924f of the Civil Code proposed by SB 1148.
Who sponsors SB 1079?
SB 1079 is sponsored by Skinner and Rubio, Susan (Democratic).
What is the current status of SB 1079?
This bill has been enacted into law. Introduced February 19, 2020. Enacted.
Where can I track SB 1079?
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