Legislature(1993 - 1994)

1993-04-29 Senate Journal

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1993-04-29                     Senate Journal                      Page 1938
HB 236                                                                       
CS FOR HOUSE BILL NO. 236(RLS) am "An Act relating to                          
notices for the sale of certain real property" was read the second             
time.                                                                          
                                                                               
Senator Taylor moved and asked unanimous consent that CS FOR                   
HOUSE BILL NO. 236(RLS) am be advanced to third reading and                    
placed on final passage.  Senator Donley objected.                             
                                                                               
Senator Donley offered Amendment No. 1 :                                        
                                                                               
Page 1, line 12, after "property":                                             
	Insert ", including the property's street address if there                  
is a street address for the property,"                                       
                                                                               
Page 2, line 1, after "sale":                                                  
	Insert "; an inaccuracy in the street address may not be                    
used to set aside a sale if the legal description is correct"                
                                                                               
Page 2, after line 23:                                                         
	Insert a new bill section to read:                                            
   "* Sec. 3.  AS 34.20.070(b) is amended to read:                           
	(b)  Not less than 30 days after the default and not                         
less than three months before the sale the trustee shall                       
record in the office of the recorder of the recording district                 
in which the trust property is located a notice of default                     
setting out (1) the name of the trustor, (2) the book and                      
page where the trust deed is recorded, (3) a description of                    
the trust property, including the property's street address                  
if there is a street address for the property, (4) a                         
statement that a breach of the obligation for which the deed                   
of trust is security has occurred, (5) the nature of the                       
breach, (6) the sum owing on the obligation, (7) the election                  
                                                                               
                                                                               

1993-04-29                     Senate Journal                      Page 1939
HB 236                                                                       
	by the trustee to sell the property to satisfy the obligation,                
	and (8) the date, time, and place of the sale.  An                      
	inaccuracy in the street address may not be used to set                       
	aside a sale if the legal description is correct.  At any                   
	time before the sale, if the default has arisen by failure to                 
	make payments required by the trust deed, the default may                     
	be cured by payment of the sum in default other than the                      
	principal which would not then be due if no default had                       
	occurred, plus attorney fees or court costs actually incurred                 
	by the trustee due to the default.  If under the same trust                   
	deed notice of default under this subsection has been                         
	recorded two or more times previously and the default has                     
	been cured under this subsection, the trustee may elect to                    
	refuse payment and continue the sale."                                        
                                                                               
Senator Donley moved for the adoption of Amendment No. 1.                      
Senator Miller objected.                                                       
                                                                               
Senator Taylor called the Senate.                                              
                                                                               
The question being:  "Shall Amendment No. 1 be adopted?"  The                  
roll was taken with the following result:                                      
                                                                               
CSHB 236(RLS) AM                                                               
Second Reading                                                                 
Amendment No. 1                                                                
                                                                               
YEAS:  10   NAYS:  10   EXCUSED:  0   ABSENT:  0                             
                                                                               
Yeas:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little,                
Rieger, Salo, Zharoff                                                          
                                                                               
Nays:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Sharp, Taylor                                                                  
                                                                               
and so, Amendment No. 1 failed.                                                
                                                                               
Senator Taylor renewed his advancement motion.  Senator Little                 
objected.                                                                      

1993-04-29                     Senate Journal                      Page 1940
HB 236                                                                       
The question being: "Shall CS FOR HOUSE BILL NO. 236(RLS)                      
am be advanced to third reading?"  The roll was taken with the                 
following result:                                                              
                                                                               
CSHB 236(RLS) AM                                                               
Advance from Second to Third Reading?                                          
                                                                               
YEAS:  11   NAYS:  9   EXCUSED:  0   ABSENT:  0                              
                                                                               
Yeas:  Frank, Halford, Jacko, Kelly, Leman, Miller, Pearce, Phillips,          
Rieger, Sharp, Taylor                                                          
                                                                               
Nays:  Adams, Donley, Duncan, Ellis, Kerttula, Lincoln, Little, Salo,          
Zharoff                                                                        
                                                                               
and so, the bill failed to advance to third reading.