Legislature(1993 - 1994)
1993-04-29 Senate Journal
Full Journal pdf1993-04-29 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.