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Bills · 2009-2010 Regular Session

AB 160

Died at session end Official bill text Atom feed

delaying certain mortgage foreclosure actions.

  1. Introduced, stopped here
  2. Passes Assembly, not reached
  3. Passes Senate, not reached
  4. Governor signs, not reached
  5. Law, not reached

Unfamiliar terms? Glossary

What this bill does

Plain-language analysis by the nonpartisan Legislative Reference Bureau

Under current law, if a mortgagee brings an action for foreclosure of a mortgage,

the homeowner (mortgagor) answers the complaint and the normal civil procedural

rules of discovery and evidence, pretrial, and trial apply. If the court determines that

the mortgagee has the right to the foreclosure, the court issues a judgment for

foreclosure of the mortgage, which entitles the mortgagee to force a sale of the

property.

This bill requires the court in a foreclosure action to delay the action for

foreclosure of a mortgage for 90 days. Under the bill, the court must delay the action

only if the mortgagor shows that all of the following conditions apply:

1. The mortgagor owns the real estate subject to the mortgage and the property

is his or her principal residence.

2. The mortgagor does not own any other real estate.

3. The real estate subject to the mortgage is improved with a residential

building containing less than six dwelling units.

Sponsors

Introduced by: A. Williams (D) , Grigsby (D) , Kessler (D) , Turner (D) , Young (D)

Full history

  1. Mar 19, 2009 · Assembly

    Introduced by Representatives Young, Turner, Kessler, A. Williams and Grigsby

  2. Mar 19, 2009 · Assembly

    Read first time and referred to committee on Housing

  3. Apr 15, 2009 · Assembly

    Public hearing held

  4. Apr 28, 2010 · Assembly

    Failed to pass pursuant to Senate Joint Resolution 1