BILL NUMBER: AB 331	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member Hall

                        FEBRUARY 18, 2009

   An act to amend Section 2924.8 of the Civil Code, relating to
mortgages.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 331, as introduced, Hall. Mortgages and deeds of trust:
foreclosure.
    Existing law requires that, upon a breach of the obligation of a
mortgage or transfer of an interest in property, the trustee,
mortgagee, or beneficiary record a notice of default in the office of
the county recorder where the mortgaged or trust property is
situated and mail the notice of default to the mortgagor or trustor.
Existing law, until January 1, 2013, requires a specified notice to
be posted on a residential property to be sold if the billing address
for the mortgage note is different than the property address.
   This bill would make a nonsubstantive change to these provisions.

   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 2924.8 of the Civil Code is amended to read:
   2924.8.  (a) Upon posting  a   the 
notice of sale pursuant to Section 2924f, a trustee or authorized
agent shall also post the following notice, in the manner required
for posting the notice of sale on the property to be sold, and a
mortgagee, trustee, beneficiary, or authorized agent shall mail, at
the same time in an envelope addressed to the "Resident of property
subject to foreclosure sale" the following notice in English and the
languages described in Section 1632: "Foreclosure process has begun
on this property, which may affect your right to continue to live in
this property. Twenty days or more after the date of this notice,
this property may be sold at foreclosure. If you are renting this
property, the new property owner may either give you a new lease or
rental agreement or provide you with a 60-day eviction notice.
However, other laws may prohibit an eviction in this circumstance or
provide you with a longer notice before eviction. You may wish to
contact a lawyer or your local legal aid or housing counseling agency
to discuss any rights you may have."
   (b) It shall be an infraction to tear down the notice described in
subdivision (a) within 72 hours of posting. Violators shall be
subject to a fine of one hundred dollars ($100).
   (c) A state government entity shall make available translations of
the notice described in subdivision (a) which may be used by a
mortgagee, trustee, beneficiary, or authorized agent to satisfy the
requirements of this section.
   (d) This section shall only apply to loans secured by residential
real property, and if the billing address for the mortgage note is
different than the property address.
   (e) This section shall remain in effect only until January 1,
2013, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2013, deletes or extends
that date.