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SENATE BILL 665 (JOHNSON – 1997)

CHAPTER 74, STATUTES OF 1997 SB 665

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Civil Code sections 1058.5, 2924c, 2924d, 2924f, 2924g, 2924(l), and 2941 were amended with the passage of Senate Bill 665 of 1997. (See Exhibits #1a through #1d) Senator Ross Johnson introduced this measure relating to non-judicial foreclosure proceedings, as an “omnibus” bill sponsored by the California Trustees Association. (See Exhibits #6a, page 2; #7, document AP-6; and #10, document PE-2)

Senate Bill 665 was assigned to the Senate and Assembly Committees on Judiciary where policy issues raised by the bill were considered. (See Exhibits #3 and #6) This bill was amended once as it was considered by the Legislature. (See Exhibit #1b) While the measure was heard in the Senate, it was subjected to a very precise section-by-section analysis that led to the removal of all opposition and passage of the bill on consent. (See Exhibits #4, documents SP-14 through SP-17, and #7, document AP-6) Subsequent to legislative approval, Governor Pete Wilson signed Senate Bill 665 on July 4, 1997, and it was chaptered by the Secretary of State as Chapter 74 of the Statutes of 1997. (See Exhibits #1c and #1d and #2)

An analysis prepared by the Assembly Republican Caucus stated that the purpose of Senate Bill 665 was to “clarify the duties and liabilities of trustees concerning various activities performed by trustees in connection with foreclose [sic] proceedings on real property.” (See Exhibit #8, page 2)