BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                      



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          |SENATE RULES COMMITTEE            |                  AB 2475|
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                                    CONSENT


          Bill No:  AB 2475
          Author:   Assembly Veterans Affairs Committee
          Amended:  As introduced
          Vote:     21

           
           SENATE VETERANS AFFAIRS COMMITTEE  :  7-0, 6/12/12
          AYES:  Correa, Cannella, Berryhill, Calderon, Negrete 
            McLeod, Rubio, Lieu
          NO VOTE RECORDED:  Runner

           SENATE JUDICIARY COMMITTEE  :  4-0, 6/26/12
          AYES:  Evans, Harman, Corbett, Leno
          NO VOTE RECORDED:  Blakeslee

           SENATE APPROPRIATIONS COMMITTEE  :  Senate Rule 28.8

           ASSEMBLY FLOOR  :  72-0, 5/3/12 - See last page for vote


           SUBJECT  :    Military service protections:  real and 
          personal property
                      rights

           SOURCE  :     Author


           DIGEST  :    This bill extends from three months to nine 
          months the time after a servicemembers period of military 
          service is over during which foreclosure upon the 
          servicemember's home is prohibited.  This bill provides 
          that no sale, foreclosure, or seizure of property for 
          nonpayment of any sum due under any obligation secured by 
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          mortgage, trust deed, or other security, shall be valid if 
          made during the period of military service or within nine 
          months thereafter, except pursuant to an agreement between 
          the parties, unless upon an order previously granted by the 
          court and a return thereto made and approved by the court. 


           ANALYSIS  :    Existing law:

          1.Provides that no sale, foreclosure, or seizure of 
            property for nonpayment of any sum due under any 
            obligation secured by mortgage, trust deed, or other 
            security, as specified, shall be valid if made during the 
            period of military service or within three months 
            thereafter, except as provided.

          2.Specifies a number of other civil obligations and 
            liabilities for which the service member may petition a 
            court for relief, including, but not limited to, relief 
            from: 

             A.   Eviction from the member's primary residence;
             B.   Obligations under a lease for specified residential 
               and nonresidential property; 
             C.   Nonpayment of an installment under a contract for 
               purchase of real or personal property;
             D.   Taxes or assessments, whether general or special, 
               other than taxes on income, as provided.

          1.Pursuant to the federal Servicemembers Civil Relief Act, 
            authorizes a stay of proceedings and adjustment of 
            obligation in an action to enforce an obligation on a 
            mortgage that is filed during or within nine months after 
            a servicemember's period of military service.

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes   
          Local:  Yes

           SUPPORT  :   (Verified  8/7/12)

          American Legion, Department of California
          AMVETS, Department of California
          California Association of County Veterans Service Officers
          California Bankers Association

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          California State Commanders Veterans Council
          Vietnam Veterans of America, California State Council


           ARGUMENTS IN SUPPORT  :    The California Bankers Association 
          (CBA), in support, notes that this bill would conform 
          California to the federal SCRA and that they have "worked 
          collaboratively with interested parties to advance 
          reasonable measures that improve consumer protections?."  
          The American Legion - Department of California, the AMVETS 
          - Department of California, the California Association of 
          County Veterans Service Officers, the California State 
          Commanders Veterans Council, and the Vietnam Veterans of 
          America-California State Council supports the "effort to 
          help service members with foreclosure issues to have a 
          little more time after their military service to try and 
          resolve these matters."


           ASSEMBLY FLOOR  :  72-0, 5/3/12
          AYES:  Achadjian, Alejo, Allen, Ammiano, Atkins, Beall, 
            Bill Berryhill, Block, Blumenfield, Bradford, Brownley, 
            Buchanan, Butler, Charles Calderon, Campos, Carter, 
            Cedillo, Chesbro, Conway, Cook, Davis, Dickinson, 
            Donnelly, Eng, Feuer, Fong, Fuentes, Beth Gaines, 
            Galgiani, Garrick, Gatto, Gordon, Gorell, Grove, Hagman, 
            Halderman, Harkey, Hayashi, Hill, Huber, Hueso, Huffman, 
            Jeffries, Knight, Lara, Logue, Bonnie Lowenthal, Ma, 
            Mansoor, Mendoza, Miller, Mitchell, Monning, Morrell, 
            Nestande, Nielsen, Norby, Olsen, Pan, Perea, V. Manuel 
            Pérez, Portantino, Silva, Skinner, Solorio, Swanson, 
            Torres, Valadao, Wagner, Wieckowski, Yamada, John A. 
            Pérez
          NO VOTE RECORDED:  Bonilla, Fletcher, Furutani, Hall, Roger 
            Hernández, Jones, Smyth, Williams


          RM:n  11/13/12   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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