California 2015-2016 Regular Session Status: Enacted

SB 983 — Mortgages and deeds of trust.

Last action — Chaptered by Secretary of State. Chapter 170, Statutes of 2016.

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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 10, 2016. 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 4 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 mortgagee, beneficiary, or authorized agent to record a rescission of a notice of default or cancel a pending trustee sale, if applicable, upon the borrower executing a permanent foreclosure prevention alternative. Existing law, in the case of a short sale, requires the rescission or cancellation of the pending trustee's sale to occur when the short sale has been approved and proof of funds or financing has been provided, as specified. This bill would make a clarifying change by eliminating the reference to rescission in the case of a pending trustee's sale. Existing law limits the amount of trustee's or attorney's fees that may be charged in connection with the enforcement of certain terms of obligation upon default in payment under a mortgage or deed of trust prior to reinstatement of a monetary default, or until the notice of sale is deposited in the mail, or otherwise at any time prior to the decree of foreclosure, to a base amount not to exceed $300 for an unpaid principal balance sum of $150,000 or less, or $250 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. Existing law, in lieu of an authorized charge, limits the amount of trustee's or attorney's fees after the notice of sale is deposited in the mail and until the property is sold by power of sale, to a base amount not to exceed $425 for an unpaid principal balance sum of $150,000 or less, or $360 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. This bill would increase the base limitations on the amount of those trustee's or attorney's fees by $50.

Bill Text

Action History

  1. Chaptered by Secretary of State. Chapter 170, Statutes of 2016.

  2. Approved by the Governor.

  3. Enrolled and presented to the Governor at 10 a.m.

  4. In Senate. Ordered to engrossing and enrolling.

  5. Read third time. Passed. (Ayes 75. Noes 1. Page 5705.) Ordered to the Senate.

  6. Read second time. Ordered to third reading.

  7. From committee: Do pass. (Ayes 10. Noes 0.) (June 21).

  8. Referred to Com. on JUD.

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

  10. Read third time. Passed. (Ayes 39. Noes 0. Page 3957.) Ordered to the Assembly.

  11. Read second time. Ordered to third reading.

  12. Ordered to second reading.

  13. Read third time and amended.

  14. Read second time. Ordered to third reading.

  15. Ordered to second reading.

  16. Withdrawn from committee.

  17. Read second time and amended. Re-referred to Com. on RLS.

  18. From committee: Do pass as amended and re-refer to Com. on RLS. with recommendation: To consent calendar. (Ayes 7. Noes 0. Page 3700.) (April 26).

  19. Set for hearing April 26.

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

  21. Referred to Coms. on JUD. and RLS.

  22. From printer. May be acted upon on or after March 12.

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

Sponsors

  • Morrell · Primary

Sponsorship breakdown

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

Sponsors (1)

  • Morrell

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 983 Morrell Senate Third Reading By WAGNER

Passed 75 Yea · 1 Nay · 4 Other
Party YeaNayPresentNot Voting
Unaffiliated 65104
Democratic 5000
Republican 5000
Total 75104
% of votes cast 94%1%0%5%
How each member voted (80)
Member Party Vote
Achadjian — Yea
Alejo — Yea
Bloom — Yea
Brough — Nay
Brown — Yea
Holden — Yea
Linder — Yea
Maienschein — Yea
Mathis — Yea
Olsen — Yea
Quirk — Yea
Rendon — Yea
Santiago — Yea
Thurmond — Yea
Waldron — Yea
Eggman — Yea
Frazier — Yea
Burke — Yea
Salas — Yea
Campos — Yea
Bonilla — Yea
Gatto — Yea
Gordon — Yea
Gray — Yea
Jones-Sawyer — Yea
Lopez — Yea
Levine — Yea
Low — Yea
Mayes — Yea
McCarty — Yea
Bigelow — Yea
Chang — Yea
Chiu — Yea
Cooper — Yea
Dababneh — Yea
Daly — Yea
Dodd — Yea
Medina — Yea
Melendez — Yea
Mullin — Yea
Nazarian — Yea
O'Donnell — Yea
Obernolte — Yea
Ridley-Thomas — Yea
Wagner — Yea
Weber — Yea
Wilk — Yea
Atkins — Yea
Hadley — Yea
Chau — Yea
Harper — Not Voting
Chu — Yea
Chávez — Not Voting
Cooley — Not Voting
Baker — Yea
Kim — Yea
Rodriguez — Yea
Steinorth — Yea
Ting — Yea
Williams — Yea
Wood — Yea
Gomez — Yea
Beth Gaines — Yea
Cristina Garcia — Yea
Eduardo Garcia — Yea
Jim Patterson — Yea
Lorena Gonzalez — Yea
Mark Stone — Yea
Roger Hernández — Not Voting
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 →

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
Alejo — Yea
Maienschein — Yea
Wagner — Yea
Holden — Yea
Chau — Yea
Chiu — Yea
Ting — Yea
Cristina Garcia — Yea
Mark Stone — Yea
Gallagher, James Republican Yea

Official roll call →

3rd Reading

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 36001
Democratic 3000
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Anderson — Yea
Bates — Yea
Beall — Yea
Hancock — Yea
Leyva — Yea
Liu — Yea
Fuller — Yea
Cannella — Yea
Galgiani — Yea
Allen — Yea
Glazer — Yea
Mitchell — Yea
De León — Yea
Hernandez — Yea
Hill — Yea
Lara — Yea
Leno — Yea
Moorlach — Yea
Pan — Yea
Pavley — Yea
Wolk — Yea
Hertzberg — Yea
Hueso — Yea
Runner — Not Voting
Block — Yea
Huff — Yea
Mendoza — Yea
Monning — Yea
Morrell — Yea
Nielsen — Yea
Roth — Yea
Vidak — Yea
Wieckowski — Yea
Hall — 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 →

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 983 do?
Existing law requires a mortgagee, beneficiary, or authorized agent to record a rescission of a notice of default or cancel a pending trustee sale, if applicable, upon the borrower executing a permanent foreclosure prevention alternative. Existing law, in the case of a short sale, requires the rescission or cancellation of the pending trustee's sale to occur when the short sale has been approved and proof of funds or financing has been provided, as specified. This bill would make a clarifying change by eliminating the reference to rescission in the case of a pending trustee's sale. Existing law limits the amount of trustee's or attorney's fees that may be charged in connection with the enforcement of certain terms of obligation upon default in payment under a mortgage or deed of trust prior to reinstatement of a monetary default, or until the notice of sale is deposited in the mail, or otherwise at any time prior to the decree of foreclosure, to a base amount not to exceed $300 for an unpaid principal balance sum of $150,000 or less, or $250 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. Existing law, in lieu of an authorized charge, limits the amount of trustee's or attorney's fees after the notice of sale is deposited in the mail and until the property is sold by power of sale, to a base amount not to exceed $425 for an unpaid principal balance sum of $150,000 or less, or $360 plus specified additional percentages of unpaid principal sums, if the unpaid principal balance exceeds $150,000. This bill would increase the base limitations on the amount of those trustee's or attorney's fees by $50.
Who sponsors SB 983?
SB 983 is sponsored by Morrell.
What is the current status of SB 983?
This bill has been enacted into law. Introduced February 10, 2016. Enacted.
Where can I track SB 983?
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