WV SB418 | 2015 | Regular Session
Status
Completed Legislative Action
Spectrum: Partisan Bill (Republican 2-0)
Status: Passed on April 15 2015 - 100% progression
Action: 2015-04-15 - Chapter 167, Acts, Regular Session, 2015
Text: Latest bill text (Enrolled) [HTML]
Spectrum: Partisan Bill (Republican 2-0)
Status: Passed on April 15 2015 - 100% progression
Action: 2015-04-15 - Chapter 167, Acts, Regular Session, 2015
Text: Latest bill text (Enrolled) [HTML]
Summary
This bill provides that the defendant in a civil action brought to recover a deficiency remaining after a foreclosure, may not assert as a defense that the fair market value of the property sold was not obtained at the trust deed foreclosure sale, and addresses Sostaric v. Marshall, decided November 12, 2014, by the West Virginia Supreme Court of Appeals. This bill further is consistent with the holding in Pence v. Jamison, et al., 80 W.Va. 761, 94 S.E. 383 (1917), that a sale of real estate by a trustee under a deed of trust will not be set aside upon the ground of inadequacy of price, unless such inadequacy is so great as to shock the conscience of the court.
Title
Relating to trustee real estate sale under deed of trust
Sponsors
| Sen. David Nohe [R] | Sen. Ed Gaunch [R] |
Roll Calls
2015-03-13 - House - Passed House (Roll No. 540) (Y: 89 N: 2 NV: 6 Abs: 0) [PASS]
2015-03-13 - House - Dispensed with Constitutional Rule (Roll No. 539) (Y: 94 N: 0 NV: 6 Abs: 0) [PASS]
2015-02-25 - Senate - Passed Senate (Roll No. 17) (Y: 31 N: 2 NV: 0 Abs: 0) [PASS]
2015-03-13 - House - Dispensed with Constitutional Rule (Roll No. 539) (Y: 94 N: 0 NV: 6 Abs: 0) [PASS]
2015-02-25 - Senate - Passed Senate (Roll No. 17) (Y: 31 N: 2 NV: 0 Abs: 0) [PASS]
History
| Date | Chamber | Action |
|---|---|---|
| 2015-04-15 | Senate | Chapter 167, Acts, Regular Session, 2015 |
| 2015-03-18 | House | Approved by Governor 3/24/15 - House Journal |
| 2015-03-18 | Senate | Approved by Governor 3/24/15 - Senate Journal |
| 2015-03-24 | Senate | Approved by Governor 3/24/15 |
| 2015-03-18 | House | To Governor 3/18/15 - House Journal |
| 2015-03-18 | Senate | To Governor 3/18/15 |
| 2015-03-14 | Senate | House Message received |
| 2015-03-13 | House | Completed legislative action |
| 2015-03-13 | House | Communicated to Senate |
| 2015-03-13 | House | Passed House (Roll No. 540) |
| 2015-03-13 | House | Read 3rd time |
| 2015-03-13 | House | Dispensed with Constitutional Rule (Roll No. 539) |
| 2015-03-13 | House | Read 2nd time |
| 2015-03-13 | House | On 2nd reading, Special Calendar |
| 2015-03-12 | House | Read 1st time |
| 2015-03-12 | House | On 1st reading, Special Calendar |
| 2015-03-11 | House | Do pass |
| 2015-02-25 | House | To House Judiciary |
| 2015-02-25 | House | To Judiciary |
| 2015-02-25 | House | Introduced in House |
| 2015-02-25 | Senate | Ordered to House |
| 2015-02-25 | Senate | Passed Senate (Roll No. 17) |
| 2015-02-25 | Senate | Read 3rd time |
| 2015-02-25 | Senate | On 3rd reading |
| 2015-02-24 | Senate | Floor amendment rejected (Voice vote) |
| 2015-02-24 | Senate | Read 2nd time |
| 2015-02-24 | Senate | On 2nd reading |
| 2015-02-23 | Senate | Read 1st time |
| 2015-02-23 | Senate | Immediate consideration |
| 2015-02-23 | Senate | Reported do pass |
| 2015-02-05 | Senate | To Judiciary |
| 2015-02-05 | Senate | Introduced in Senate |
| 2015-02-05 | Senate | To Judiciary |
| 2015-02-05 | Senate | Filed for introduction |
Same As/Similar To
HB2655 (Same As) 2015-02-06 - To House Judiciary
Subjects
Code Citations
| Chapter | Article | Section | Citation Type | Statute Text |
|---|---|---|---|---|
| 38 | 1 | 7 | Amended Code | Citation Text |
