BILL · 2009–10 SESSION · LATEST VERSION ESB 5810

SB 5810: Deeds of trust foreclosures

Concerning foreclosures on deeds of trust.

Summary

  • Requires a beneficiary, before issuing a notice of default, to contact the borrower and explore options for the borrower to avoid foreclosure.
  • Provides that a tenant of property that has been sold in foreclosure receive 60 days written notice before the tenant can be removed.
  • Provides that a borrower's failure to enjoin a foreclosure does not constitute a waiver of certain claims.
  • Requires that before a notice of sale may be recorded, the trustee must have proof that the beneficiary is the actual holder of the promissory note secured by the deed of trust.

From the Engrossed House Bill Report (ESB 5810), written by the Legislature's nonpartisan staff. Read the full report ↗

Enacted Enacted · Chapter 292, Laws of 2009
  1. IntroducedFeb 3, 2009
  2. Out of committeeFeb 25, 2009
  3. Passed SenateMar 12, 2009
  4. Passed HouseApr 9, 2009
  5. GovernorApr 30, 2009
  6. LawApr 30, 2009
Prime sponsor
Claudia Kauffman (D-47)
Introduced
February 3, 2009 in the Senate
Last action
April 30, 2009
Session law
Chapter 292, Laws of 2009
Requested by
Governor
Companion bill
HB 1942
Budget
Has a fiscal note
Versions
ESB 5810, SSB 5810

AN ACT Relating to foreclosures on deeds of trust;

Sponsors

Votes

Senate · 3rd Reading & Final Passage

Passed March 12, 2009
Version voted on: ESB 5810
33 Yea 16 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat29200
Republican41400
How each member voted

House · Final Passage as Amended by the House

Passed April 9, 2009
Version voted on: ESB 5810
98 Yea 0 Nay 0 Absent 0 Excused
PartyYeaNayAbsentExcused
Democrat62000
Republican36000
How each member voted

Yea (98)

Senate · Final Passage as Amended by the House

Passed April 20, 2009
Version voted on: ESB 5810
46 Yea 2 Nay 0 Absent 1 Excused
PartyYeaNayAbsentExcused
Democrat30001
Republican16200
How each member voted

History

  1. Effective date 7/26/2009. (ESB 5810)
  2. Chapter 292, 2009 Laws. (ESB 5810)
  3. Governor signed. (ESB 5810)
  4. Delivered to Governor. (ESB 5810)
  5. Speaker signed. (ESB 5810)
  6. President signed. (ESB 5810)
  7. Passed final passage; yeas, 46; nays, 2; absent, 0; excused, 1. (ESB 5810)
  8. Senate concurred in House amendments. (ESB 5810)
  9. Third reading, passed; yeas, 98; nays, 0; absent, 0; excused, 0. (ESB 5810)
  10. Rules suspended. Placed on Third Reading. (ESB 5810)
  11. Committee recommendations adopted and the bill amended. (ESB 5810)
  12. Placed on second reading. (ESB 5810)
  13. Passed to Rules Committee for second reading. (ESB 5810)
  14. JUDI - Executive action taken by committee. (ESB 5810)
  15. JUDI - Majority; do pass with amendment(s). (ESB 5810)
  16. First reading, referred to Judiciary. (ESB 5810)
  17. 1st substitute bill not substituted. (SSB 5810)
  18. Third reading, passed; yeas, 33; nays, 16; absent, 0; excused, 0. (ESB 5810)
  19. Rules suspended. Placed on Third Reading. (ESB 5810)
  20. Floor amendment(s) adopted. (ESB 5810)
  21. 1st substitute bill not substituted. (ESB 5810)
  22. Placed on second reading by Rules Committee. (SSB 5810)
  23. Placed on second reading by Rules Committee. (ESB 5810)
  24. Passed to Rules Committee for second reading. (SSB 5810)
  25. FIHI - Majority; 1st substitute bill be substituted, do pass. (SSB 5810)
  26. FIHI - Majority; 1st substitute bill be substituted, do pass. (ESB 5810)
  27. Passed to Rules Committee for second reading. (ESB 5810)
  28. First reading, referred to Financial Institutions, Housing & Insurance. (ESB 5810)

SB 5810 in other sessions

Bill numbers restart every two years, so the same number is a different bill in each session.

Report wrong or missing information on this page