BILL NUMBER: AB 594	CHAPTERED  07/13/99

	CHAPTER   119
	FILED WITH SECRETARY OF STATE   JULY 13, 1999
	APPROVED BY GOVERNOR   JULY 13, 1999
	PASSED THE SENATE   JULY 1, 1999
	PASSED THE ASSEMBLY   MAY 10, 1999
	AMENDED IN ASSEMBLY   MARCH 25, 1999

INTRODUCED BY   Assembly Member Cardenas

                        FEBRUARY 19, 1999

   An act to amend Section 1102.2 of the Civil Code, relating to real
property transfer disclosures.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 594, Cardenas.  Real property transfer disclosures:  exception.

   Existing law exempts transfers by a fiduciary in the course of the
administration of a decedent's estate, guardianship,
conservatorship, or trust from specified residential real property
transfer disclosure requirements.
   This bill would provide that this exemption would not apply to a
transfer if the trustee is a natural person who is sole trustee of a
revocable trust and he or she is a former owner of the property or an
occupant in possession of the property within the preceding year.


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


  SECTION 1.  Section 1102.2 of the Civil Code is amended to read:
   1102.2.  This article does not apply to the following:
   (a) Transfers which are required to be preceded by the furnishing
to a prospective transferee of a copy of a public report pursuant to
Section 11018.1 of the Business and Professions Code and transfers
which can be made without a public report pursuant to Section 11010.4
of the Business and Professions Code.
   (b) Transfers pursuant to court order, including, but not limited
to, transfers ordered by a probate court in administration of an
estate, transfers pursuant to a writ of execution, transfers by any
foreclosure sale, transfers by a trustee in bankruptcy, transfers by
eminent domain, and transfers resulting from a decree for specific
performance.
   (c) Transfers to a mortgagee by a mortgagor or successor in
interest who is in default, transfers to a beneficiary of a deed of
trust by a trustor or successor in interest who is in default,
transfers by any foreclosure sale after default, transfers by any
foreclosure sale after default in an obligation secured by a
mortgage, transfers by a sale under a power of sale or any
foreclosure sale under a decree of foreclosure after default in an
obligation secured by a deed of trust or secured by any other
instrument containing a power of sale, or transfers by a mortgagee or
a beneficiary under a deed of trust who has acquired the real
property at a sale conducted pursuant to a power of sale under a
mortgage or deed of trust or a sale pursuant to a decree of
foreclosure or has acquired the real property by a deed in lieu of
foreclosure.
   (d) Transfers by a fiduciary in the course of the administration
of a decedent's estate, guardianship, conservatorship, or trust.
This exemption shall not apply to a transfer if the trustee is a
natural person who is sole trustee of a revocable trust and he or she
is a former owner of the property or an occupant in possession of
the property within the preceding year.
   (e) Transfers from one coowner to one or more other coowners.
   (f) Transfers made to a spouse, or to a person or persons in the
lineal line of consanguinity of one or more of the transferors.
   (g) Transfers between spouses resulting from a judgment of
dissolution of marriage or of legal separation or from a property
settlement agreement incidental to that judgment.
   (h) Transfers by the Controller in the course of administering
Chapter 7 (commencing with Section 1500) of Title 10 of Part 3 of the
Code of Civil Procedure.
   (i) Transfers under Chapter 7 (commencing with Section 3691) or
Chapter 8 (commencing with Section 3771) of Part 6 of Division 1 of
the Revenue and Taxation Code.
   (j) Transfers or exchanges to or from any governmental entity.