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Home/Bills/SB 1320California · 2025–2026 Regular Session
Senate BillIntroducedCommercial

SB 1320: Financing statements: residential real property.

California · Senate · 2025–2026 Regular Session · last verified April 28, 2026

What SB 1320 does, verified April 28, 2026

The bill aims to regulate financing statements in owner-occupied residential real property. It prohibits the filing of a financing statement that creates or perfects a security interest in the owner-occupied residential real property. This rule applies to prevent the unauthorized creation of liens on owner-occupied homes. Violators of this rule, including those who knowingly file a financing statement, may be liable to the property owner. The goal is to protect homeowners from unwanted liens on their property.

Bill journey
1IntroducedCurrent
2In CommitteePending
3First Chamber FloorPending
4Second ChamberPending
5GovernorPending
6ChapteredPending
Last action: April 28 set for first hearing canceled at the request of author. (2026-04-27)Alert me
Recent actions8 total · showing 5
Apr. 27, 2026April 28 set for first hearing canceled at the request of author.
Apr. 10, 2026Set for hearing April 28.
Apr. 08, 2026Re-referred to Com. on JUD.
Mar. 24, 2026From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS.
Mar. 04, 2026Referred to Com. on RLS.
Full action history, 3 earlier actionsConnect Plus
Latest bill textAmended version, March 24, 2026 · 649 words

Amended IN Senate March 24, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

Senate Bill
No. 1320


Introduced by Senator Archuleta

February 20, 2026


An act to amend add Section 4202 of 9527 to the Commercial Code, relating to commercial secured transactions.


LEGISLATIVE COUNSEL'S DIGEST


SB 1320, as amended, Archuleta. Bank deposits and collections. Financing statements: residential real property.
The Uniform Commercial Code-Secured Transactions (UCC) generally regulates the perfection of certain security interests, including a financing statement filed as a fixture filing.
This bill would prohibit the filing of a financing statement against owner-occupied residential real property in a manner that purports to create or otherwise perfect a security interest in, or otherwise encumber, title to that owner-occupied residential real property and would make a person who knowingly files, or causes to be filed, a financing statement in violation of the bill liable to the owner of the owner-occupied residential real property identified in the financing statement, as specified.

Existing law requires a collecting bank, as defined, to exercise ordinary care when performing specific duties in a commercial banking transaction, and limits the liability of a collecting bank for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit, as specified.

This bill would make a nonsubstantive change to this provision.

Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO

The people of the State of California do enact as follows:


SECTION 1.

Section 9527 is added to the Commercial Code, to read:

9527.

(a) For purposes of this section, “owner-occupied residential real property” means residential real property that is occupied by an owner of record as the owner’s primary residence at the time the financing statement is filed.
(b) A financing statement shall not be filed against owner-occupied residential real property in a manner that purports to create or perfect a security interest in, or otherwise encumber, title to that owner-occupied residential real property.
(c) A financing statement that describes collateral as including fixtures located on owner-occupied residential real property shall be deemed to create a security interest only in the goods or fixtures described and not in the real property.
(d) A financing statement filed in violation of this section shall be void and of no force or effect with respect to the owner-occupied residential real property.
(e) A person who knowingly files, or causes to be filed, a financing statement in violation of this section shall be liable to the owner of the owner-occupied residential real property identified in the financing statement for all of the following relief:
(1) Actual damages caused by the filing.
(2) Reasonable attorney’s fees and costs.
(3) A civil penalty not to exceed five thousand dollars ($5,000) for each violation.

SECTION 1.Section 4202 of the Commercial Code is amended to read:
4202.

(a)A collecting bank shall exercise ordinary care in all of the following:

(1)Presenting an item or sending it for presentment.

(2)Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank’s transferor after learning that the item has not been paid or accepted, as the case may be.

(3)Settling for an item when the bank receives final settlement.

(4)Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.

(b)A collecting bank exercises ordinary care under subdivision (a) by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.

(c)Subject to paragraph (1) of subdivision (a), a bank shall not be liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit.

Text of SB 1320 as amended, from the official record. Connect Plus keeps every version and highlights what changed.Compare versions
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