Clarifies and limits quasi-judicial immunity for referees in mortgage foreclosure actions, ensuring accountability for misconduct and unauthorized.
This bill amends the real property actions and proceedings law to clarify and limit the scope of quasi-judicial immunity for referees in mortgage foreclosure actions. It ensures that immunity does not apply to acts outside the referee's authority, including unauthorized interest calculations, misapplication of funds, and failure to report surplus funds. The bill also mandates that misconduct, such as acting without jurisdiction or in bad faith, results in the vacatur of the foreclosure sale and potential civil liability for the referee.
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- Core Provisions
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- Legal Framework
- Critical Issues
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