Santa Clara County Assignment of Leases and Rents Form

Santa Clara County Assignment of Leases and Rents Form
Fill in the blank form formatted to comply with all recording and content requirements.

Santa Clara County Assignment of Leases and Rents Guidelines
Line by line guide explaining every blank on the form.

Santa Clara County Completed Example of the Assignment of Leases and Rents Document
Example of a properly completed form for reference.

Santa Clara County Demand to Pay Form
Fill in the blank form formatted to comply with all content requirements.

Santa Clara County Completed Example of the Demand to Pay Document
Example of a properly completed form for reference.
All 5 documents above included • One-time purchase • No recurring fees
Immediate Download • Secure Checkout
Additional California and Santa Clara County documents included at no extra charge:
Where to Record Your Documents
County Clerk-Recorder
San Jose, California 95134
Hours: 8:00 a.m. to 4:30 p.m
Phone: (408) 299-5688
Recording Tips for Santa Clara County:
- Documents must be on 8.5 x 11 inch white paper
- Bring extra funds - fees can vary by document type and page count
- Some documents require witnesses in addition to notarization
Cities and Jurisdictions in Santa Clara County
Properties in any of these areas use Santa Clara County forms:
- Alviso
- Campbell
- Coyote
- Cupertino
- Gilroy
- Holy City
- Los Altos
- Los Gatos
- Milpitas
- Morgan Hill
- Mount Hamilton
- Mountain View
- New Almaden
- Palo Alto
- Redwood Estates
- San Jose
- San Martin
- Santa Clara
- Saratoga
- Stanford
- Sunnyvale
Hours, fees, requirements, and more for Santa Clara County
How do I get my forms?
Forms are available for immediate download after payment. The Santa Clara County forms will be in your account ready to download to your computer. An account is created for you during checkout if you don't have one. Forms are NOT emailed.
Are these forms guaranteed to be recordable in Santa Clara County?
Yes. Our form blanks are guaranteed to meet or exceed all formatting requirements set forth by Santa Clara County including margin requirements, content requirements, font and font size requirements.
Can I reuse these forms?
Yes. You can reuse the forms for your personal use. For example, if you have multiple properties in Santa Clara County you only need to order once.
What do I need to use these forms?
The forms are PDFs that you fill out on your computer. You'll need Adobe Reader (free software that most computers already have). You do NOT enter your property information online - you download the blank forms and complete them privately on your own computer.
Are there any recurring fees?
No. This is a one-time purchase. Nothing to cancel, no memberships, no recurring fees.
How much does it cost to record in Santa Clara County?
Recording fees in Santa Clara County vary. Contact the recorder's office at (408) 299-5688 for current fees.
Questions answered? Let's get started!
This Form can be attached to a deed of trust document upon recordation or recorded separately to reference a previously recorded deed of trust. The undersigned (typically the borrower) shall have a license to receive, collect and enjoy the rents, income, profits and benefits accruing from the property described above until a default has occurred under the terms and conditions of the promissory note described. Upon default the Beneficiary/Lender delivers a "demand to pay form", to existing tenants/lessees pursuant to (SECTION 2938 OF THE CA. CIVIL CODE)
An assignment of an interest in leases, rents, issues, or profits of real property may be recorded in the records of the county recorder in the county in which the underlying real property is located in the same manner as any other conveyance of an interest in real property, whether the assignment is in a separate document or part of a mortgage or deed of trust, and when so duly recorded in accordance with the methods, procedures, and requirements for recordation of conveyances of other interests in real property, (1) the assignment shall be deemed to give constructive notice of the content of the assignment with the same force and effect as any other duly recorded conveyance of an interest in real property and (2) the interest granted by the assignment shall be deemed fully perfected as of the time of recordation with the same force and effect as any other duly recorded conveyance of an interest in real property, notwithstanding a provision of the assignment or a provision of law that would otherwise preclude or defer enforcement of the rights granted the assignee under the assignment until the occurrence of a subsequent event, including, but not limited to, a subsequent default of the assignor, or the assignee's obtaining possession of the real property or the appointment of a receiver. California Code, Civil Code - CIV 2938(b)
(c) Upon default of the assignor under the obligation secured by the assignment of leases, rents, issues, and profits, the assignee shall be entitled to enforce the assignment in accordance with this section. On and after the date the assignee takes one or more of the enforcement steps described in this subdivision, the assignee shall be entitled to collect and receive all rents, issues, and profits that have accrued but remain unpaid and uncollected by the assignor or its agent or for the assignor's benefit on that date, and all rents, issues, and profits that accrue on or after the date. The assignment shall be enforced by one or more of the following:
(1) The appointment of a receiver.
(2) Obtaining possession of the rents, issues, or profits.
(3) Delivery to any one or more of the tenants of a written demand for turnover of rents, issues, and profits in the form specified in subdivision (k), a copy of which demand shall also be delivered to the assignor; and a copy of which shall be mailed to all other assignees of record of the leases, rents, issues, and profits of the real property at the address for notices provided in the assignment or, if none, to the address to which the recorded assignment was to be mailed after recording.
(4) Delivery to the assignor of a written demand for the rents, issues, or profits, a copy of which shall be mailed to all other assignees of record of the leases, rents, issues, and profits of the real property at the address for notices provided in the assignment or, if none, to the address to which the recorded assignment was to be mailed after recording.
Moneys received by the assignee pursuant to this subdivision, net of amounts paid pursuant to subdivision (g), if any, shall be applied by the assignee to the debt or otherwise in accordance with the assignment or the promissory note, deed of trust, or other instrument evidencing the obligation, provided, however, that neither the application nor the failure to so apply the rents, issues, or profits shall result in a loss of any lien or security interest that the assignee may have in the underlying real property or any other collateral, render the obligation unenforceable, constitute a violation of Section 726 of the Code of Civil Procedure , or otherwise limit a right available to the assignee with respect to its security.
(California Assignment of Leases and Rents Package includes form, guidelines, and completed example) For use in California only.
Important: Your property must be located in Santa Clara County to use these forms. Documents should be recorded at the office below.
This Assignment of Leases and Rents meets all recording requirements specific to Santa Clara County.
Our Promise
The documents you receive here will meet, or exceed, the Santa Clara County recording requirements for formatting. If there's an issue caused by our formatting, we'll make it right and refund your payment.
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Get your Santa Clara County Assignment of Leases and Rents form done right the first time with Deeds.com Uniform Conveyancing Blanks. At Deeds.com, we understand that your time and money are valuable resources, and we don't want you to face a penalty fee or rejection imposed by a county recorder for submitting nonstandard documents. We constantly review and update our forms to meet rapidly changing state and county recording requirements for roughly 3,500 counties and local jurisdictions.
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July 24th, 2020
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