Civil procedure: deficiency judgments.
Summary
Existing law provides that no deficiency judgment shall lie following a judicial foreclosure with respect to certain enumerated circumstances, including, among others, after a sale of real property or an estate for years therein for failure of the purchaser to complete his or her contract of sale. Existing law prohibits a judgment to be rendered for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein, as specified. This bill would prohibit a deficiency from being owed or collected following a judicial foreclosure with respect to the enumerated circumstances. The bill also would prohibit a deficiency from being owed or collected for a deficiency on a note secured by a deed of trust or mortgage on real property or an estate for years therein, as specified, and would make nonsubstantive changes to these provisions. The bill also would express the intent of the Legislature that these provisions would not impact existing law regarding the liability of a guarantor, pledgor, or other surety with respect to a deficiency, nor existing law regarding other collateral pledged to secure the obligation that is the subject of a deficiency.
Bill status
signed
all 5 stages cleared
Introduction
Feb 2013
Committee Review
Jul 2013
Senate Passage
May 2013
Assembly Passage
Jun 2013
Signed into Law
Jul 2013
Introduced Feb 21, 2013
Signed Jul 11, 2013
Floor votes · Senate May 6, 2013 · Assembly Jun 24, 2013
How they voted
21–10
Passed · 3 other
Total votes 34
May 6, 2013
D
Democratic25
84% Yea
R
Republican9
100% Nay
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
22
Key actions
9
Committee
8
Amendments
1
Jul 11, 2013
Signed into law
Approved by the Governor.
legislature
Jul 1, 2013
Upper · Passed
Assembly amendments concurred in. (Ayes 34. Noes 0. Page 1600.) Ordered to engrossing and enrolling.
upper
Jun 24, 2013
Assembly · Passed
Assembly Vote: pass (61-1-2)
assembly
Jun 24, 2013
Introduced
In Senate. Concurrence in Assembly amendments pending.
upper
Jun 18, 2013
Lower · Passed
From committee: Do pass. (Ayes 9. Noes 0.) (June 18).
lower
Jun 11, 2013
Lower · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
lower
Jun 5, 2013
Lower · Passed
Hearing postponed by committee.
lower
May 20, 2013
Committee
Referred to Com. on JUD.
lower
May 6, 2013
Senate · Passed
Senate Vote: pass (21-10-3)
senate
Apr 24, 2013
Upper · Passed
From committee: Do pass. (Ayes 5. Noes 2. Page 663.) (April 23).
upper
Apr 1, 2013
Upper · Passed
From committee with author's amendments. Read second time and amended. Re-referred to Com. on JUD.
upper
Mar 11, 2013
Committee
Referred to Com. on JUD.
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Ellen Corbett
DDemocratic
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