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New real estate laws passed in 2009-2010

Last updated: 01/12/2011

This is a total list of the new real-estate related laws digested by first tuesday for the 2009-2010 legislative session and applicable DRE Regulations, ordered by effective date. To go to the written digest, click on any of the blue links. Items in black are to be reported in the coming months.

Bolded laws have been digested in the most recent issue of the journal.

Other Legislative Sessions:  2007-2008 / 2011-2012

Bill Topic Effective Date
SBX2 15 California new home housing credit 02/20/2009
ABX2 7 &
SBX2 7		 California Foreclosure Prevention 90-day extension of 3-month NOD period 06/01/2009 &
06/15/2009
DRE Reg 2716.1 DRE Fee Increase 07/01/2009
ABX4 12 Downpayment purchase-assist CalHFA loans may be subordinated to refinancing 07/15/2009
AB 333 Subdivision map expiration dates 07/15/2009
SB 36 Mortgage originator certificate 10/11/2009
SB 94 Mortgage loans – foreclosure consultant rules – advance fees 10/11/2009
AB 957 Buyer’s Choice Act 10/11/2009
HR 3548 The extended and expanded First-Time Homebuyer Tax Credit 11/07/2009
AB 457 Mobilehome owners may use anyone they prefer to remove, purchase or install their home 01/01/2010
AB 1094 Tenant presumed to be owner of abandoned records 01/01/2010
AB 457 Notice of mechanic’s lien 01/01/2010
SB 306 NOD moratoriums, short sales and exchange facilitators 01/01/2010
SB 633 Impounds may be mandated on Regulation Z loans or their modification 01/01/2010
SB 824 Taxation of damaged or destroyed property 01/01/2010
SB 239 Mortgage fraud penalties 01/01/2010
AB 260 DRE Commissioner higher mortgage fees 01/01/2010
AB 329 Reverse mortgage rules 01/01/2010
AB 568 Property is a nuisance if it is inhabited by tenants found guilty of counterfeiting 01/01/2010
SB 204 Escrow agent licensing 01/01/2010
SB 120 Residential tenants and utilities 01/01/2010
AB 1046 Homestead exemption increases affecting future judgment liens 01/01/2010
SB 23 Mobilehome park emergency plan 01/01/2010
SB 407 Noncompliant plumbing fixtures 01/01/2010
SB 237 Changes to the Real Estate Appraisers’ Licensing and Certification law 01/01/2010
SB 816 Transfer taxes and notice in change of ownership 01/01/2010
SB 290 Residential notice to vacate 01/01/2010
AB 1568 Taxation of property damaged or destroyed in a wildfire 01/01/2010
SB 822 Changes to property reassessment protocol 01/01/2010
AB 992 New regulations for assessment reduction services 01/01/2010
AB 1546 Tax requirements for reviving a limited partnership 01/01/2010
AB 1366 Regulation of water pollution — water softeners 01/01/2010
AB 1061 HOA CC&Rs may not prohibit water-efficient landscaping 01/01/2010
AB 313 Limits on HOA fees 01/01/2010
AB 899 Common interest development management must provide written disclosures to members 01/01/2010
AB 474 Financing energy efficiency 01/01/2010
SB 401 Taxation of discharge of indebtedness income and profit exclusions for deceased spouses 04/12/2010
AB 183 Tax credit on the purchase of a principal residence 05/01/2010
HR 5623 Federal First-Time Homebuyer Tax Credit closing date extended through September 06/30/2010
AB 1160 Loan agreements secured by real estate to be provided in translation 07/01/2010
HR 4173 Dodd-Frank changes to appraisal procedures; Dodd-Frank changes to servicing procedures 07/21/2010
AB 2016 An HOA may request copies of a notice of default, a notice of sale and a trustee’s deed 08/13/2010
AB 1263 New requirements for service of three-day notices to quit on non-residential tenants 08/17/2010
SB 183 Transfer Disclosure Statement revisions regarding smoke detectors, water heaters and carbon monoxide devices 01/01/2011
AB 1684 Adverse possessors need proof they paid the property taxes 01/01/2011
SB 2120 Mobilehome Residency Law now delivered annually to residents 01/01/2011
AB 2618 County recorders authorized to notify parties to a deed of recording date 01/01/2011
AB 1762 Advance fee for broker services clarified 01/01/2011
SB 1221 Notice of trustee’s sale (NOTS) may be filed five days before lapse of Notice of Default (NOD) period 01/01/2011
SB 1137 Real estate licensees must hold MLO license endorsement to perform mortgage services 01/01/2011
AB 1809 Home inspectors may perform HERS home energy audits 01/01/2011
AB 1867 Revisions to city and county low-income multifamily rental housing construction requirements 01/01/2011
SB 1427 Fines for failure to maintain vacant property subject to an NOD 01/01/2011
SB 931 Anti-deficiency bars first trust deed recovery on short sales of one to four residential units 01/01/2011
AB 1800
 Increased fines/imprisonment for adverse possessors who rent out residential units 01/01/2011
AB 2325
 Additions to the services rendered by a foreclosure consultant 01/01/2011
SB 1252 Federal housing programs for senior citizens based on age are not discriminatory 01/01/2011
SB 782 Landlord’s responsibility to tenants who are victims of domestic violence, sexual assault or stalking 01/01/2011
SB 1244 Corporate LLCs must contribute to the Unemployment Fund 01/01/2011
SB 1149 Unlawful detainer actions and foreclosure 01/01/2011
SB 858
 LLC annual fee based on apportionment of gross income 01/01/2011
SB 294 Sunset provision for common interest development (CID) manager regulations is extended 01/01/2011
HR 5297 Landlord payment for goods or services over $600 to be reported to the IRS 01/01/2011 & 01/01/2012
DRE Regs §3006, 3007, 3011 and 3012 Changes to continuing education procedures 04/01/2011
HR 4173 (Frank-Dodd) TILA circa 2010; consumer protection enhancement; Section 32 consumer loans: TILA increases disclosures and tightens parameters; Establishment and purpose of the Office of Housing Counseling 2012
HR 4872 Net investment income Medicare tax 01/01/2013
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