BILL ANALYSIS �
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|SENATE RULES COMMITTEE | AB 2475|
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CONSENT
Bill No: AB 2475
Author: Senate 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
P�rez, Portantino, Silva, Skinner, Solorio, Swanson,
Torres, Valadao, Wagner, Wieckowski, Yamada, John A.
P�rez
NO VOTE RECORDED: Bonilla, Fletcher, Furutani, Hall, Roger
Hern�ndez, Jones, Smyth, Williams
RM:n 8/8/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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