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CA AB2463

Bill

Status

Passed

9/28/2020

Primary Sponsor

Buffy Wicks

Click for details

Origin

State Assembly

2019-2020 Session

AI Summary

  • Prohibits sale under execution of a judgment lien on a judgment debtor's principal residence based on consumer debt unless the debt was secured by that residence when incurred.

  • Exempts specified debts from the prohibition: wages, taxes, child support, spousal support, government fines and fees, tort judgments, and debts owed to financial institutions exceeding $75,000 (adjusted for inflation).

  • Requires judgment creditors applying for a dwelling sale to state whether the judgment was secured by the debtor's principal residence at the time of incurring the debt or which exemption applies.

  • Establishes the $75,000 threshold (adjusted triennially by the Judicial Council starting April 1, 2022) for financial institution debts to be exempt from the homestead sale prohibition.

  • Excludes student loan debt from the financial institution exemption unless the loan was secured by the principal residence when incurred.

Legislative Description

Enforcement of money judgments: execution: homestead.

Last Action

Chaptered by Secretary of State - Chapter 218, Statutes of 2020.

9/28/2020

Committee Referrals

Appropriations8/13/2020
Judiciary7/1/2020
Rules6/11/2020
Judiciary3/2/2020

Full Bill Text

No bill text available