BILL NUMBER: SB 483 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 20, 2009
AMENDED IN ASSEMBLY JULY 6, 2009
AMENDED IN ASSEMBLY JUNE 23, 2009
AMENDED IN SENATE APRIL 2, 2009
INTRODUCED BY Senator Corbett
FEBRUARY 26, 2009
An act to amend Section 2924.8 of the Civil Code, and to
amend Section 1161b of the Code of Civil Procedure, relating to
mortgages. An act to add Section 7073.5 to the
Government Code, relating to economic development, and declaring the
urgency thereof, to take effect immediately.
LEGISLATIVE COUNSEL'S DIGEST
SB 483, as amended, Corbett. Mortgages: foreclosure.
Enterprise zones: City of Fremont.
Existing law, the Enterprise Zone Act, provides for the
designation of enterprise zones by the Department of Community
Housing and Development, based on the department's approval of
applications from a city, county, or city and county with a
geographic area meeting certain criteria. Certain entities within a
designated enterprise zone may receive regulatory, tax, and other
incentives for private investment and employment.
This bill would, notwithstanding any other law, require the
department to, upon application by the Fremont City Council,
designate one enterprise zone within the geographic area of the City
of Fremont.
This bill would declare that is to take effect immediately as an
urgency statute.
Upon a breach of the obligation of a mortgage or transfer of an
interest in property, existing law requires the trustee, mortgagee,
or beneficiary to post a notice of sale, as specified. Existing law
also requires that the notice of sale in the case of default be
mailed to the resident of the property and posted on the property, as
specified. It is an infraction to tear down the notice within 72
hours of posting.
Existing law also requires that a tenant or subtenant in
possession of a rental housing unit at the time the property is sold
in foreclosure shall be given 60 days' written notice to quit, as
specified, before the tenant or subtenant may be removed from the
property, as specified.
This bill would revise the content of the notice described above
that is required to be posted on the property. The bill would also
revise the latter provision to provide that a tenant or subtenant in
possession of a rental housing unit at the time the property is sold
in foreclosure shall be given 60 days' written notice to quit, as
specified, or 90 days if required by any other provision of state or
federal law, before the tenant or subtenant may be removed from the
property, as specified.
Vote: majority 2/3 . Appropriation:
no. Fiscal committee: no yes .
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 7073.5 is added to the
Government Code , to read:
7073.5. (a) Notwithstanding any other law, the department shall,
upon application by the Fremont City Council, designate one
enterprise zone within the geographic area of the City of Fremont
pursuant to this section.
(b) For purposes of applying any provision of the Revenue and
Taxation Code, the enterprise zone designated pursuant to this
section shall be deemed to have been designated pursuant to the
Enterprise Zone Act.
(c) The enterprise zone designated under this section shall not be
included in the calculation of the overall number of enterprise
zones authorized under the Enterprise Zone Act.
SEC. 2. Due to the unique circumstances of the
City of Fremont, with respect to the need for sustained employment
and business development in the area, the Legislature hereby finds
and declares that a general statute cannot be made applicable within
the meaning of Section 16 of Article IV of the California
Constitution. Therefore, the special legislation contained in Section
1 of this act is necessarily applicable only to the City of Fremont.
SEC. 3. This act is an urgency statute necessary
for the immediate preservation of the public peace, health, or safety
within the meaning of Article IV of the Constitution and shall go
into immediate effect. The facts constituting the necessity are:
To encourage economic development and stability by allowing the
creation of an enterprise zone within the City of Fremont as quickly
as possible, it is necessary for this bill to go into immediate
effect.
SECTION 1. Section 2924.8 of the Civil Code is
amended to read:
2924.8. (a) Upon posting a 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: "You are not required to move at this time. However,
the foreclosure process has begun on this property, which may affect
your right to continue to live in this property in the future. Twenty
days or more after the date of this notice, this property may be
sold at foreclosure. If you are renting this property, your tenancy
may continue after the foreclosure sale. In order for the new owner
to evict you, the new owner must provide you with at least 60 days'
written eviction notice. However, some laws may prohibit an eviction.
You should 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.
SEC. 2. Section 1161b of the Code of Civil
Procedure is amended to read:
1161b. (a) Notwithstanding Section 1161a, a tenant or subtenant
in possession of a rental housing unit at the time the property is
sold in foreclosure shall be given 60 days' written notice to quit
pursuant to Section 1162, or 90 days if required by any other
provision of state or federal law, before the tenant or subtenant may
be removed from the property as prescribed in this chapter.
(b) This section shall not apply if any party to the note remains
in the property as a tenant, subtenant, or occupant.
(c) 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.