Santa Clara County Assignment of Leases and Rents Form (California)

The following California and Santa Clara County supplemental forms are included as a courtesy with your order:

When using these Assignment of Leases and Rents forms, the subject real estate must be physically located in Santa Clara County. The executed documents should then be recorded in the following office:

Local jurisdictions located in Santa Clara County include:

• 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

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.

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