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CA SB1069

Bill

Status

Passed

7/9/2012

Primary Sponsor

Ellen Corbett

Click for details

Origin

Senate

2011-2012 Session

AI Summary

  • Extends anti-deficiency protections to refinanced purchase money loans executed on or after January 1, 2013, preventing lenders from obtaining deficiency judgments except for new principal advances not applied to the original loan or refinancing costs.

  • Defines new principal advances as amounts not used to pay obligations under the original purchase money loan or refinancing fees, with such advances treated as new purchase money loans subject to deficiency judgment restrictions.

  • Establishes payment application hierarchy where principal payments are applied first to the original purchase money loan balance, then to new advances, while interest payments are applied to interest due and owing.

  • Maintains existing protections against deficiency judgments for vendor-financed mortgages and mortgages on dwellings of four families or fewer that were used to finance the property purchase.

Legislative Description

Deficiency judgments.

Last Action

Chaptered by Secretary of State. Chapter 64, Statutes of 2012.

7/9/2012

Committee Referrals

Judiciary3/1/2012
Rules2/13/2012

Full Bill Text

No bill text available