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CA AB2317

Bill

Status

Passed

7/23/2014

Primary Sponsor

Brian Maienschein

Click for details

Origin

State Assembly

2013-2014 Session

AI Summary

  • Clarifies that a judgment debtor's equitable right of redemption is not affected, limited, or eliminated by existing law regarding the sale of property in judgment enforcement proceedings.

  • Maintains that sales of property pursuant to judgment enforcement are absolute and cannot be set aside, except when the sale is improper due to irregularities, the property was not subject to execution, or other reasons.

  • Allows a judgment debtor to commence an action within 90 days after the sale date to set aside an improper sale if the judgment creditor was the purchaser, with the judgment creditor's lien being revived.

  • Permits recovery of damages caused by improper sale proceedings, with damages offset against or applied to the judgment depending on whether they are recovered from the judgment creditor or levying officer.

  • Allows a judgment debtor to recover proceeds from a reversed or vacated judgment with interest if the judgment is set aside.

Legislative Description

Execution: sale of property.

Last Action

Chaptered by Secretary of State - Chapter 183, Statutes of 2014.

7/23/2014

Committee Referrals

Judiciary5/22/2014
Rules5/15/2014
Judiciary3/10/2014

Full Bill Text

No bill text available