AB 1036

  • California Assembly Bill
  • 2013-2014 Regular Session
  • Introduced in Assembly Feb 22, 2013
  • Assembly
  • Senate
  • Governor

Bill Subjects



Existing law imposes various preconditions for exercising a power of sale under a mortgage or deed of trust, including, among other things, recording a notice of default and a notice of sale. Existing law authorizes a borrower to seek an injunction and damages for violations of certain of the requirements described above, except as specified. Existing law authorizes the greater of treble actual damages or $50,000 in statutory damages if a violation of certain requirements is found to be intentional or reckless or resulted from willful misconduct, as specified. Existing law authorizes the awarding of attorney's fees for prevailing borrowers, as specified. Existing law provides that a grant of real property that is intended to be voidable on the performance of certain conditions is not voided as to the grantee or other specified persons having actual notice, unless a instrument of defeasance is recorded with the county recorder. Existing law provides that the maxims of jurisprudence set forth in the provisions of the California Civil Code do not qualify that code's provisions, but are instead intended to aid in their application. This bill would make technical, nonsubstantive changes to those provisions.

Bill Sponsors (1)


No votes to display


Feb 03, 2014


From committee: Filed with the Chief Clerk pursuant to Joint Rule 56.

Jan 31, 2014


Died pursuant to Art. IV, Sec. 10(c) of the Constitution.

May 07, 2013


In committee: Set, first hearing. Hearing canceled at the request of author.

Apr 01, 2013


Re-referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Mar 21, 2013


From committee chair, with author's amendments: Amend, and re-refer to Com. on JUD. Read second time and amended.


Referred to Com. on JUD.

  • Referral-Committee
Com. on JUD.

Feb 25, 2013


Read first time.

Feb 24, 2013


From printer. May be heard in committee March 26.

Feb 22, 2013


Introduced. To print.

Bill Text

Bill Text Versions Format
02/22/13 - Introduced PDF
03/21/13 - Amended Assembly PDF

Related Documents

Document Format
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