Santa Clara County Assignment of Leases and Rents Forms (California)
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Form Package
Assignment of Leases and Rents
State
California
Area
Santa Clara County
Price
$27.97
Delivery
Immediate Download
Payment Information
Included Forms
All Santa Clara County specific forms and documents listed below are included in your immediate download package:
Assignment of Leases and Rents Form
Fill in the blank form formatted to comply with all recording and content requirements.
Included document last reviewed/updated 3/4/2024
Assignment of Leases and Rents Guidelines
Line by line guide explaining every blank on the form.
Included document last reviewed/updated 4/19/2024
Completed Example of the Assignment of Leases and Rents Document
Example of a properly completed form for reference.
Included document last reviewed/updated 2/7/2024
Demand to Pay Form
Fill in the blank form formatted to comply with all content requirements.
Included document last reviewed/updated 3/28/2024
Completed Example of the Demand to Pay Document
Example of a properly completed form for reference.
Included document last reviewed/updated 4/18/2024
Included Supplemental Documents
The following California and Santa Clara County supplemental forms are included as a courtesy with your order.
Frequently Asked Questions:
How long does it take to get my forms?
Forms are available immediately after submitting payment.
What are supplemental forms?
Often when a deed is recorded, additional documents are required by California or Santa Clara County. These could be tax related, informational, or even as simple as a coversheet. Supplemental forms are provided for free with your order where available.
How do I get my forms, are they emailed?
Forms are NOT emailed to you. Immediately after you submit payment, the Santa Clara County forms you order will be available for download directly from your account. You can then download the forms to your computer. If you do not already have an account, one will be created for you as part of the order process, and your login details will be sent to you. If you encounter any issues accessing your forms, please reach out to our support team for assistance.
What type of files are the forms?
All of our Santa Clara County Assignment of Leases and Rents forms are PDFs. You will need to have or get Adobe Reader to use our forms. Adobe Reader is free software that most computers already have installed.
Can the Assignment of Leases and Rents forms be re-used?
Yes. You can re-use the forms for your personal use. For example, if you have more than one property in Santa Clara County that you need to transfer you would only need to order our forms once for all of your properties in Santa Clara County.
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.
Do I have to enter all of my property information online?
No. The blank forms are downloaded to your computer and you fill them out there, at your convenience.
Can I save the completed form, email it to someone?
Yes, you can save your deed form at any point with your information in it. The forms can also be emailed, blank or complete, as attachments.
Do I need any special software to use these forms?
You will need to have Adobe Reader installed on your computer to use our forms. Adobe Reader is free software that most computers already have installed.
Are there any recurring fees involved?
No. Nothing to cancel, no memberships, no recurring fees.
Areas Covered by These Assignment of Leases and Rents Forms:
- Santa Clara County
Including:
- 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
What is the California Assignment of Leases and Rents
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.
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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November 29th, 2023
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