Real Property Levy Guide

Real Property Levy Guide How to use this Guide 1. Become familiar with conducting a basic (or fundamental) real property levy as described in Category C of this Guide. Category C serves as the standard or core example of a levy upon real property interest. It is considered to be the most basic or common type of real property levy, uncomplicated by such things as redemption rights, dwelling considerations, statutory time reductions, etc. Therefore, it is paramount that levy personnel become familiar with statutes relevant to this standard example. The remaining categories listed in this Guide (Categories A, B, D, E, F, G, H, I, J, K and L) will describe only the variations to Category C. 2. Using the list below, identify the real property levy Category applicable to your specific case. 3. Apply the applicable Category variation. Writ of Attachment = Category A Writ of Execution To levy and sell the judgment debtor s... (select 1 or 2) 1. real property interest of the judgment debtor who is a... (select 3 or 4) 2. interest in a leasehold estate with... (select 2a or 2b) 2a. less than two years remaining on lease. = Category B 2b. more than two years remaining on lease, and the judgment debtor, is a... (select 3 or 4) 3. business entity (i.e., corporation, partnership, etc.). = Category C 4. natural person (living human being), and the real property... (select 4a or 4b) 4a. contains a dwelling. = Category D 4b. does not contain a dwelling. = Category C Writ of Sale To partition (divide) the interest of persons in real property. = Category E To foreclose a... (select 1, 2, 3, 4, or 5) 1. mortgage or deed of trust... (select a or b ) a. on real property, and... (select e or f ) b. leasehold estate with... (select c or d ) c. less than two years remaining on lease. = Category F d. more than two years remaining on lease, and... (select. e or f ) e. deficiency judgment is waived or prohibited. = Category G f. deficiency judgment may be ordered. = Category H 2. special assessment property tax or Mello-Roos tax lien. = Category I 3. assessment lien by an association or common interest development. = Category J 4. mechanics lien (labor or improvements to real property). = Category K 5. other lien(s) on real property. = Category L 6.38 (Rev. 2002)

CATEGORY A: WRIT OF ATTACHMENT Note: All levy procedures, including the return of the writ to court, must be completed not later than 60 days from when the writ was received by the levying officer. [CCP 488.130] DESCRIPTION: The purpose of the levy is to create an attachment lien on real property. Unless sooner released or discharged, the attachment lien period remains in effect for three years from the date of issuance of the writ and may only be extended upon noticed motion and court order. If the attachment lien period is extended by order of court, the levying officer may be required to record notice of the order with the county recorder. [CCP 488.510] Real property interest is not sold under attachment. The contents of the writ must conform to the requirements of CCP 488.010. If the defendant is a natural person, the real property will be specifically described on the writ itself (or attachment to the writ). If the defendant is a corporation, partnership or unincorporated association, all property of the defendant entity is subject to attachment, and, therefore, the specific real property description will only appear in the plaintiff s written instructions. PLAINTIFF S INSTRUCTIONS: The instructions need to direct the levying officer to take action pursuant to the accompanying writ. Phrases that include the words, levy upon, attach or enforce the writ, are sufficient to require the levying officer to act. List the name(s) and last known address(s) of the defendant(s) WHOSE INTEREST in the real property is subject to the attachment. Note: If the defendant is a natural person, this information may also be found at item 3 of the writ of attachment. List the name(s) and address(s) of any third persons having an interest in the real property. Note: If the defendant is a natural person, this information may also be found at item 3 of the writ of attachment. Legal description of the property. Note: When the defendant is a natural person, the legal description usually appears on the writ (or a separate page referenced by the writ). When the defendant is a business entity, i.e., corporation, partnership or other unincorporated association, the legal description might only be described in the plaintiff s written instructions. The legal description must be suitable for recording purposes. A legal description may be rejected by the county recorder if not completely legible. Caution: Retyping a lengthy legal description is risky and invites error. It is the plaintiff s responsibility to provide the levying officer with a clear and legible legal description. If the summons and complaint has not previously been served on the defendant, the plaintiff s instructions must direct the levying officer to make service of the summons and complaint at the same time the levying officer serves the defendant with a copy of the writ of attachment. [CCP 488.020(c)] A writ of attachment anticipates that the plaintiff will probably prevail in the lawsuit resulting in a money judgment being entered against the defendant. Therefore, the following information is needed to levy against a judgment debtor s interest in the real property when the writ of execution is subsequently issued: Make a statement as to whether, or not, the real property is (or contains) a dwelling. However, a levy pursuant to a writ of attachment does not require the plaintiff to apply for an order for sale of a dwelling.

Include a statement as to whether, or not, the real property is a leasehold estate. [CCP 704.740(b)] Note: A leasehold estate is also referred to as an estate for years, or leasehold interest in real property. If the real property is a leasehold estate, the plaintiff must also indicate the total number of years remaining on the lease or the exact expiration date of the lease (preferable). Common street address (if any). Note: If the plaintiff subsequently obtains a money judgment, the street address or other common designation must appear on the sale notice (on an execution sale) together with the legal description. [CCP 701.540(a)] Note: A description of the property that is subject to the attachment is contained on the writ itself. However, when the defendant is a corporation, partnership or unincorporated association, the writ will often broadly describe the property as... All property of defendant for which a method of levy is provided. [CCP 487.010] Under these circumstances, specific property to be attached should be entered on the Notice of Attachment itself. Judicial Council Form AT- 165 (Rev. January 1, 2000 or later) provides an area for the description to be entered. If the legal description of the real property will not fit in the area provided on the Notice of Attachment, make reference to an attached sheet containing the legal description. The documents to be recorded with the county recorder are... Notice of Attachment - include any referenced document that includes the description of the property, and/or lists additional name(s)/address(s) of third person(s) having a recorded interest in the real property. a copy of the Writ of Attachment - include any referenced document that includes the description of the property, and/or lists additional name(s)/address(s) of third person(s) having a recorded interest in the real property. a copy of the Order for Issuance of Writ of Attachment SERVICE ON DEFENDANT: Photocopies of the same documents used for recording may also be used for service upon the defendant. Service upon the defendant may be achieved by either personal service or by mail (mailing is the usual method used). SERVICE ON THIRD PERSONS: Except for the personalized Notice of Attachment, photocopies of the Writ of Attachment and Order for Issuance used for recording may be used for service upon third persons. Service may be achieved by either personal service or by mail (mailing is the usual method used). Note: A third person is an entity or person who is not a defendant, but has a recorded interest in the real property. A third person is sometimes referred to as a record owner". The name(s) and address(s) of third persons are listed on the face of the Writ of Attachment at item #6. Although third person information may appear on the face of the writ itself, make a written request to the plaintiff for any additional third person name and address information. If the plaintiff identifies additional third persons, be sure the process is also served or mailed to them. WRIT RETURN: Use Form (RPLG-13) Return on Real Estate Levy for the return of the writ of attachment to the court.

CATEGORY B: WRIT OF EXECUTION (Money Judgment) Interest in leasehold estate with term of less than two years remaining on the lease. The term "real property" includes any right in real property, including, but not limited to, a leasehold interest in real property. [CCP 680.320] Note: Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ [CCP 699.530(b)] The contents of the writ must conform to the requirements of CCP 699.520. DESCRIPTION: The 120-day waiting period pursuant to CCP 701.545 is not applicable. [CCP 701.545] The requirement for an order for sale of a dwelling pursuant to CCP 704.740, is not applicable. [CCP 704.910] Any claim of exemption shall be made and determined pursuant to CCP 703.510 et seq. [CCP 704.740] A judgment lien on real property does not reach a leasehold estate with an unexpired term of less than two years. [CCP 697.340] CREDITOR S INSTRUCTIONS: The instructions will identify the property as a leasehold interest in real property (may be referred to as a "leasehold estate", or "estate for years"). The instructions must further indicate the expiration date of the lease. The two years relates to the span of time between the commencements of levy (date of recording) to the date of expiration of the lease. SALE: The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds in conformance with CCP 701.810.

CATEGORY C: WRIT OF EXECUTION (Money Judgment) Real property interest or interest in leasehold estate with term of more than two years remaining on the lease, and the judgment debtor is not a natural person, or the judgment debtor is a natural person, and the real property does not contain a dwelling. The term "real property" includes any right in real property, including, but not limited to, a leasehold interest in real property. [CCP 680.320] Note: Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ [CCP 699.530(b)] The contents of the writ must conform to the requirements of CCP 699.520. DESCRIPTION: Category C will serve as the standard or core example of a levy upon real property interest. It is considered to be the most basic or common type of real property levy, uncomplicated by such things as redemption rights, dwelling considerations, statutory time reductions, etc. Therefore, it is paramount that levy personnel become familiar with statutes relevant to this standard example. The remaining categories listed in this Guide (Categories A, B, D, E, F, G, H, I, J, K and L) describe only the variations to this standard example. CREDITOR S INSTRUCTIONS: The instructions need to direct the levying officer take action pursuant to the accompanying writ. Phrases that include the words, levy upon or enforce the writ, are sufficient to require the levying officer to act. List the name(s) and last known address(s) of the judgment debtor(s) WHOSE INTEREST in the real property is being levied upon. [CCP 700.015(a) & CCP 684.130] List the name(s) and address(s) of any third persons having an interest in the real property. [CCP 700.015(a), 684.130] If the judgment debtor (whose interest in the real property is to be levied upon) is a natural person, the creditor s instructions must indicate that the real property is not (or does not contain) a dwelling. Legal description of the property. The legal description must be suitable for recording purposes. A legal description may be rejected by the county recorder if not completely legible. Caution: Retyping a lengthy legal description is risky and invites error. It is the plaintiff s responsibility to provide the levying officer with a clear, legible legal description. Common street address (if any). Note: If the real property has a street address or other common designation, it must appear on the sale notice together with the legal description. [CCP 701.540(a)] PREPARE a Notice of Levy for RECORDING with the county recorder. On the Notice of Levy form, enter the name of the judgment debtor after the words... TO THE PERSON NOTIFIED (name): The Notice of Levy must contain the legal description of the property (include the common street designation if applicable). Often, the legal description is lengthy and must be displayed on an attached sheet. If so, the Notice of Levy must make reference to this attachment. Avoid re-typing a lengthy legal description. Whenever practical, utilize the portion of the document provided by the judgment creditor that contains the legal description. The Notice of Levy to be recorded with the county recorder must also identify the name(s) and address(s) of any third person(s) having interest in the real property (as identified by the creditor).

The documents to be recorded with the county recorder are... - Notice of Levy (include any referenced document that includes the description of the property, and/or lists additional name(s)/address(s) of third person(s) having a recorded interest in the real property). Be sure to check the box (just below the case title information) to indicate the type of writ being used. - a copy of the Writ of Execution (if applicable, include Attachment 20 that accompanies the writ). RECORD with all of the listed documents with the County Recorder. Note: The recording may be achieved by delivering the documents personally or by mail. Be sure to include the appropriate Recorder's fees, and indicate your office name and address for the person to whom the document is to be returned after recording. ENTER the date of recording (as evidenced by the recorder s stamp) on each Notice of Levy that will subsequently be served, mailed or posted. SERVICE ON THE JUDGMENT DEBTOR: When you have knowledge of the date of recording... PREPARE and assemble process to be served upon the judgment debtor. Photocopies of the documents used for recording may also be used for service upon the judgment debtor. Note: There may be several judgment debtors listed on the writ. It is only necessary to serve the judgment debtor(s) WHOSE INTEREST in the real property is being levied upon. The documents to be served (or mailed) to the judgment debtor are... - Notice of Levy (include any referenced document that includes the description of the property, and/or lists additional name(s)/address(s) of third person(s) having a recorded interest in the real property); and - a copy of the Writ of Execution; - If the judgment debtor is a natural person, include Judicial Council Form EJ-155, Exemptions From the Enforcement of Judgments. - Any Affidavit of Identity, as defined in CCP 680.135. Note: Service upon the judgment debtor may be achieved by either personal service or mail (mail is the usual method used). SERVICE ON THIRD PERSONS: PREPARE a personalized Notice of Levy to be served (or mailing) to each third person. Note: A third person is an entity or person who is not a judgment debtor, but has a recorded interest in the real property. A third person is sometimes referred to as a record owner"). It is important that a request for third person information is made during the initial stage of the levy. The pre-printed instruction form (RPLG-01) solicits this information from the creditor. However, if this form is not being used, make a written request to the creditor to provide this information.

The documents to be served (or mailed) to the third person(s) are... - Notice of Levy (include any referenced document that includes the description of the property, and/or lists additional name(s)/address(s) of third person(s) having a recorded interest in the real property); and - a copy of the Writ and any referenced document. Service upon third persons may be achieved either by personal service or by mail (mailing is the usual method used). REQUIRED POSTINGS: EXAMINE the Assessor s map to determine how many services and postings will be required. Copies of the service documents must be posted on each additional continuous unbroken tract. Manmade features, such as alley-ways, railroad tracks, canals, etc., will divide (break) parcels into sections requiring additional postings. PREPARE a Writ and Notice of Levy for service on an occupant. Make a notation on the trip ticket instructing the field personnel to... "Serve occupant. Post if no occupant present." Note:... Only one attempt to serve an occupant is necessary. If no occupant is present at the time service is attempted, the Writ and Notice must be posted on a conspicuous place on the real property. PREPARE (if applicable) a copy of the Writ and Notice for the posting of each additional continuous unbroken tract (as can be determined by the Assessor's map). FORWARD these prepared documents to the field staff for service and posting. WHEN NOTICE OF SALE MAY BE GIVEN: DETERMINE the date when the notice of sale may be given. Notice of sale may not be given until the expiration of 120 days after the date Notice of Levy was served on the judgment debtor. If service of the Notice of Levy upon the debtor was effected by mail, add the applicable mail time extension. Note: The term given is a reference to when you may begin giving notice of sale, i.e.- serve, mail, post and publish. Mail time extensions: If mailed to an address in California, add five days. If mailed to an address outside California, but within the United States, add ten days. If mailed to an address outside the United States, add twenty days Formula: 120 days + mail time extension = days. Add this number of days to the date the notice of levy and writ was mailed the judgment debtor(s). PREPARE the notice of sale WHEN... 120 days + mail time extension has passed from the date the Notice of Levy was served upon the debtor; and the creditor has provided lienholder information OR a written statement that there are no lienholders.

Notice of Sheriff s Sale (RPLG-06) should be used. DETERMINE the date of sale. Keep in mind that the sale notice must be published in a newspaper of general circulation, once a week for three (3) successive weeks with at least five days intervening between the respective publication dates. The FIRST publication must appear at least twenty (20) days prior to the scheduled sale. Be sure to allow enough time for all these events to occur. The time of sale must be set between the hours of 0900 and 1700 hours. Consult with supervision when arranging a sale date. The notice of sale should include any disclosures and minimum bid requirements as can be determined at the time the notice is prepared. You may rely upon the creditor's information as it relates to state tax lien amounts. DETERMINE the minimum bid requirement to be included on the sale notice. The requirements for minimum bids are established by CCP 701.620. The amount bid on the real property must exceed the total of the following amounts: - preferred labor claims; - state tax liens (as defined in Government Code 7162) that is superior to the creditor's lien (make written request that the creditor provide you with the current amount of any state tax lien. PREPARE a trip ticket and attach a copy of the notice of sale for delivery to the appropriate publisher. The sale notice must be published in a newspaper of general circulation, once a week for three (3) successive weeks with at least five days intervening between the respective publication dates. The FIRST publication must appear at least twenty (20) days prior to the scheduled sale. Be sure the publisher receives the sale notice in sufficient time for publishing. Attach a Request for Legal Publishing (RPLG-08) indicating necessary publication dates. MAIL a copy of the Notice of Sale to each of the following: judgment debtor; judgment creditor; all lienholders (per list provided by creditor); to any person(s) listed on the reverse side of the writ at item #7; to any person(s) who has requested notification of the sale (personally or in writing) PREPARE a trip ticket and attach a copy of the notice of sale for POSTING for each of the following places: one public place in the city where the sale will be conducted. If the sale will not be conducted in a city, then within the judicial district where the sale will be conducted. a conspicuous place on the real property, and each additional continuous unbroken tract, lot, etc., as can be determined by the Assessor's map. PREPARE a trip ticket and attach a copy of the notice of sale for PERSONAL SERVICE of an occupant of the real property. A note on the trip ticket to the field deputy should indicate, "MAKE ONE ATTEMPT TO SERVE AN OCCUPANT." SALE: After the successful bidder pays the total of the amount bid... DISTRIBUTE the proceeds as directed by CCP 701.810. PREPARE the Sheriff's Deed (RPLG-10). (The Sheriff's Deed should be altered to reflect the correct writ or tax warrant process);

PROVIDE the buyer with (and have him/her fill-out) a Preliminary Change of Ownership Report (PCOR). [Rev & TC 480.3]; RECORD a copy of the deed with the County Recorder and deliver the original deed to the purchaser. [CCP 701.660] Note: Many counties impose a documentary transfer tax to be paid at the time the deed is recorded. [Rev & TC 11911 et seq.] PREPARE the writ return (RPLG-11); RETURN the writ to court. RELEASE: In cases where the property is released (for whatever reason) prior to sale, forms (RPLG-14) Sheriff s Release of Levy on Real Estate, and (RPLG-13) Return on Real Estate Levy should be used for this purpose.

CATEGORY D: WRIT OF EXECUTION (Money Judgment) Real property interest or interest in leasehold estate with term of more than two years remaining on the lease. Judgment debtor is a natural person and the real property is (or contains) a dwelling. Note: Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 699.530(b)] The contents of the writ must conform to the requirements of CCP 699.520. DESCRIPTION: An execution levy upon the principle dwelling of a judgment debtor (who is a natural person), will require that the creditor obtain a court order to sell the real property. A noticed hearing procedure is required to determine whether, or not, the dwelling is subject to a homestead exemption and insure that the judgment debtor receives the amount of the exemption at execution sale. A levy upon a dwelling triggers a requirement for the levying officer to give notice to the creditor to apply to the court for an order to sale the dwelling. The definition of a dwelling is described in CCP 704.710. CREDITOR S INSTRUCTIONS: The creditor s instructions will also include... a statement that the real property is (or contains) a dwelling. Common street address. Note: The street address or other common designation must appear on the sale notice together with the legal description. [CCP 701.540(a)] MAIL to the judgment creditor the Request for Application for Order for Sale (RPLG-02). The creditor has 20 calendar days (plus the additional mail time extensions), from the date you mail this notice, to file with our office, a copy of the (court filed) Application. The copy being presented to you should bear the court s file stamp to indicate that the creditor has, first, filed the application with the court. DETERMINE the last day for the creditor to file with the levying officer a copy of the Application for an Order for Sale of the Dwelling (20 days plus mail time extension). CALENDAR this date for the purpose of re-checking the file for timely compliance. If the creditor does not file the Application with our office on or before this date, CCP 704.750 requires that the levying officer release the property. Mail time extensions: If mailed to an address in California, add five days. If mailed to an address outside California, but within the United States, add ten days. If mailed to an address outside the United States, add twenty days. ORDER FOR SALE When the certified copy of the Order for Sale is received, EXAMINE the Order to determine which of the following individuals appeared at the hearing: debtor debtor's spouse attorney for the debtor attorney for debtor's spouse

If none of the above listed individuals appeared at the hearing, it would be unusual for the levying officer to have received the Order for Sale until after a re-hearing, as prescribed by CCP 704.790, has been concluded. This proceeding for re-hearing is sometimes referred to as the "second chance" hearing. Under usual circumstances, you would have been alerted to the commencement of this rehearing by first receiving from the creditor proof(s) of service of the prescribed notices to the debtor and the debtor's spouse. Examine, further, the Order for Sale to determine whether there is any reference to a second chance hearing. General description of the second chance hearing procedure: If the judgment debtor or judgment debtor s spouse did not appear at the hearing either personally or by legal counsel, the judgment creditor must (within 10 days of the date of the Order for Sale) serve a copy of the Order and the notice of the order "Declaration for Re-Hearing on Homestead Exemption" on the debtor and the debtor's spouse. The creditor must comply with the service requirements described in CCP 704.790. The judgment creditor must file proof of service with both the court and levying officer. Service by the creditor must be made within 10 days of the date indicated on the Order of Sale. Within 10 days after service of the notice of the order, the debtor, or spouse, can file with the levying officer a declaration of absence (reason for non-appearance). The levying officer shall transmit the declaration to the court forthwith. Upon receipt of the declaration, the court shall set a time and place for hearing to determine whether the determinations of the court should be modified. The time set for hearing shall be not later than 20 days after receipt of the declaration. The court clerk shall cause notice of the hearing promptly to be given to the parties. The levying officer must not proceed to sale until the court makes its determination on motion. CONTENTS OF THE ORDER FOR SALE: If the court determines that the dwelling is exempt, the court shall determine the amount of the homestead exemption and the fair market value of the dwelling. Unless the court determines that the sale of the dwelling is not likely to produce a bid sufficient to satisfy any part of the amount due on the judgment, the court shall make an order for sale of the dwelling subject to the homestead exemption. If no bid at the sale exceeds 90% or more of the fair market value, the homestead shall not be sold unless... the court subsequently grants permission to accept the highest bid that exceeds the amount of the homestead exemption and all liens and encumbrances on the property, or the court makes a new order for sale of the homestead. The order for sale of the dwelling subject to the homestead exemption shall specify the amount of the proceeds of the sale that is to be distributed to each person having a lien or encumbrance on the dwelling and shall include the name and address of each such person. The proceeds of the sale will be distributed as directed in the court s order for sale. If the court determines that the dwelling is not exempt, the court shall make an order for sale of the property in the manner provided in Article 6 (commencing with Section 701.510) of Chapter 3. The court clerk is required to transmit a certified copy of the court order to the levying officer. SALE: The sale notice should reflect the minimum bid amount.

If the court determines that the dwelling is exempt, the minimum bid will be set by the court and stated in the order for sale. The proceeds of the sale will be distribute in conformance to the Court Order for Sale of the Dwelling and CCP 704.850. If the court determines that the dwelling in not exempt, the minimum bid amount is governed by CCP 701.620, and distribution of the proceeds are governed by CCP 701.810.

CATEGORY E: WRIT OF SALE To partition (divide) the interest of persons in real property. Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). DESCRIPTION: The purpose of an action for partition is to divide the property between co-owners or co-proprietors severing the unity of possession. Such an action does not always result in the sale of property. However, if the court determines such relief is justified, the court may order the sale of the property directing the proceeds of the sale be applied as stated in the judgment. Statutes governing actions for partition are contained in CCP 872.010 874.240 et seq. Unless otherwise ordered by the court, the notice of sale on real property is given in the same manner as in execution. [CCP 873.640] Unless the judgment recites otherwise, the 120-day waiting period before giving notice of sale is applicable. [CCP 716.020(b) & 701.545] The court may also require that additional information be included in the notice of sale. [CCP 873.650] Therefore, it is important that you examine the language contained in the judgment for specifics regarding how the sale is to proceed and any additional information to be included in the sale notice. Examine the certified copy of the judgment to determine if time reductions are indicated, or if special language must appear in the sale notice, etc. Levy and sell the property in the same manner as under a writ of execution (Category C) applying variations, if any, as indicated by the judgment for sale. DISCUSSION: The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. SALE: Remove any references to Section CCP 729.010 and a right of redemption from the sale notice. The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale.

CATEGORY F: WRIT OF SALE Foreclosure of a mortgage or deed of trust. Real property or leasehold estate with term of less than two years remaining on the lease. The term "real property" includes any right in real property, including, but not limited to, a leasehold interest in real property. [CCP 680.320] Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure and order for sale. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). DESCRIPTION: The right of redemption is not applicable. [CCP 729.010(a)] The 120 delay for giving notice of sale is not applicable. [CCP 701.545] In an action to foreclose a mortgage or deed of trust, the court may direct the sale of the real property and require the proceeds of the sale to the payment of costs of court, expenses of levy and sale, and the amount due the plaintiff, to include attorney s fees when such fees are provided for in the mortgage. [CCP 726(a)] DISCUSSION: The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. SALE: Remove any references to Section CCP 729.010 and a right of redemption from the sale notice. The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale.

CATEGORY G: WRIT OF SALE Foreclosure of a mortgage or deed of trust. Real property or leasehold estate with a term of more than two years remaining on the lease. Deficiency judgment is waived or prohibited. Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure and order for sale. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). If the decree of foreclosure is not clear, or is ambiguous as to whether a right of redemption is applicable, contact the creditor for written clarification on this issue. The Clarification of Sale letter (RPLG-05) may be used for this purpose. However, situations may arise where the levying officer will decide it best to require the creditor provide an amended order for sale in lieu of written clarification. DESCRIPTION: In an action to foreclose a mortgage or deed of trust, the court may direct the sale of the real property and require the proceeds of the sale to the payment of costs of court, expenses of levy and sale, and the amount due the plaintiff, to include attorney s fees when such fees are provided for in the mortgage. [CCP 726(a)] When the judgment indicates that a deficiency judgment is waived or prohibited, the right of redemption does not apply. [CCP 726(e), 729.010(a)] When a right of redemption does not apply, the judgment creditor must wait 30 days after the date of levy (recording) before determining lienholder information. [CCP 701.540(h)] The prompting of the judgment creditor for lienholder information should be achieved in the same manner as in Category C. Form RPLG-03 may be used to prompt the creditor to provide lienholder information at the appropriate time. When a right of redemption does not apply, the 120 delay for giving notice of sale does apply. [CCP 701.545] DISCUSSION: The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. SALE: Remove references to Section CCP 729.010 and a right of redemption from the sale notice. The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale.

CATEGORY H: WRIT OF SALE Foreclosure of a mortgage or deed of trust. Real property or leasehold estate with term of more than two years remaining on the lease. Deficiency judgment may be ordered (right of redemption applicable). Deficiency Judgment: In mortgage law, imposition of personal liability on mortgagor for unpaid balance of mortgage debt after foreclosure has failed to yield full amount of due debt. [Black s Law Dictionary, Sixth Edition, 1991] If the decree of foreclosure is not clear, or is ambiguous as to whether a right of redemption is applicable, contact the creditor for written clarification on this issue. The Clarification of Sale letter (RPLG-05) may be used for this purpose. However, situations may arise where the levying officer will require the creditor provide an amended order for sale in lieu of written clarification. Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). DESCRIPTION: The right of redemption is applicable. [CCP 726(e)] The 120 delay for giving notice of sale is not applicable. [CCP 729.010(b)(2)] Notice of sale may be given to lienholders (not mandatory). The judgment creditor is not required to wait 30 days after the date of levy (recording) before determining lienholder information. [CCP 729.010(b)(3)] In an action to foreclose a mortgage or deed of trust, the court may direct the sale of the real property and require the proceeds of the sale to the payment of costs of court, expenses of levy and sale, and the amount due the plaintiff, to include attorney s fees when such fees are provided for in the mortgage. [CCP 726(a)] If the decree of foreclosure of a mortgage or deed of trust on real property determines that a deficiency judgment may be ordered against the defendant, the real property (other than a leasehold estate with an unexpired term of less than two years at the time of levy) shall be sold subject to the right of redemption. [CCP 729.010(a) & CCP 726(e)] DISCUSSION: With limited exceptions, the Enforcement of Judgments Law abolishes the right of redemption and makes all sales absolute. [CCP 701.680] However, the elimination of the right of redemption under writ of execution does not affect redemption rights under other statutes. For example, statutory redemption is preserved when, pursuant to a judicial foreclosure of a mortgage or deed of trust, the foreclosing creditor seeks a deficiency judgment against the judgment debtor. Under these circumstances, the sale of the real property is subject to the right of redemption. [CCP 726, CCP 729.010] The wording contained in CCP 729.010 limits the right of redemption to situations involving a mortgage or deed of trust. Similar language is absent from statutes governing foreclosure of a mechanics lien or assessments imposed by a homeowners association. For the right of redemption to exist, one is required to point to specific and clear authority in a code section granting such a right in a situation where the party is attempting to apply it. [Yancy v. Fink (1991) 226 Cal. App. 2d 1334, 1346] However, language authorizing a right of redemption is occasionally found in judgments based upon judicial foreclosures of mechanics liens, delinquent homeowners association assessments or special assessment tax liens. Under these circumstances, the levying officer should apply redemption rights as directed in the judgment. Assertions of irregularity in the proceedings or judgment (if any) should be made by any affected party in the action.

The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. When a right of redemption is applicable, the judgment creditor may provide a list the name(s) and address(s) of lienholders to be given notice of sale (if any). CCP 729.010(b)(3), the use of the word may makes the notice to lienholders an option of the creditor. Note: If lienholder information did not accompany the creditor s initial instructions, after you levy, MAIL notice to the creditor Form (RPLG-04), Request for Real Property Lien Holder Information on Real Property Subject to the Right of Redemption. Prepare the notice of sale after the creditor makes the appropriate response. The creditor is not required to wait 30 days after the date of recording before providing this information. [CCP 729.010(b)(3)] Include a statement as to whether, or not, the real property is a leasehold estate. [CCP 729.010(a)] If the real property is a leasehold estate, require that the creditor provide the expiration date of the lease. Note: A leasehold estate may also be referred to as an estate for years, or leasehold interest in real property. SALE: Notice of sale may be given upon entry of the judgment for sale of the property and the provision of Section 701.545 delaying notice of sale does not apply. Notice of Sheriff s Sale Under Foreclosure (Form RPLG-07) should be used when the right of redemption is applicable. Whenever real property is to be sold subject to the right of redemption, the notice of sale shall state... - that the property will be sold subject to the right of redemption, and - the amount of the secured indebtedness with interest and costs. The redemption period during which property may be redeemed is... Three months after the date of sale if the proceeds of the sale are sufficient to satisfy the secured indebtedness with interest and costs of action and of sale. One year after the date of sale if the proceeds of the sale are not sufficient to satisfy the secured indebtedness with interest and costs of action and of sale. [CCP 729.030]

When the purchaser of an interest in real property sold subject to the right of redemption pays the amount due, the levying officer conducting the sale shall execute and deliver a certificate of sale to the purchaser and record a duplicate of the certificate of sale in the office of the county recorder. The Sheriff s Certificate of Sale on Writ of Sale (Form RPLG-09) should be used for this purpose. The certificate of sale must include... The price paid for each distinct lot or parcel of real property sold subject to the right of redemption. The total price paid. A statement that the property is subject to the right of redemption, indicating the applicable redemption period. [CCP 729.040] If property is sold subject to the right of redemption, the levying officer must serve notice of the right of redemption on the judgment debtor. Form (RPLG-15) should be used for this purpose. Service shall be made personally or by mail. The notice of the right of redemption shall indicate the applicable redemption period. [CCP 729.050] The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale. Form (RPLG-12) Return on Writ of Sale Foreclosure of Real Property should be used. Other forms that may become applicable to the right of redemption are: - (RPLG-16) Request Return of Certificate of Sale or Certificate of Redemption; - (RPLG-17) Sheriff s Certificate of Redemption.

CATEGORY I: WRIT OF SALE Foreclosure of a special assessment property tax or Mello-Roos tax lien. Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure and order for sale. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). DESCRIPTION: The legislative body of a city, county or special district may take action to equitably protect all bondholders if it appears that there is danger of an ultimate loss accruing to the bondholders by reason of delinquent installments that secure previously issued bonds. The legislative body may order that any assessments accruing under applicable taxation provisions be collected by an action brought in the superior court for the foreclosure of such liens. [Streets & Highways Code 8770 & 8830] The resulting judgment for foreclosure may order that the real property to be sold on execution as in other cases of the sale of real property. However, when the real property is not a dwelling for not more than four families, a reduction in time for giving notice of sale will apply. Under these circumstances, the judgment will direct that notice of sale be given any time after the expiration of 20 days (instead of 120 days) after the date notice of levy was served on the judgment debtor(s). When this reduction in time for giving notice of sale is applicable, the 30-day time period referenced in subdivision (h) of CCP 701.540 shall be reduced to 10 days. [Streets & Highways Code 8832 and Government Code 53356.5] EXAMINE the order for sale to determine if these time reductions apply. DISCUSSION: Occasionally, language authorizing a right of redemption may be found in a judgment based upon a judicial foreclosure of a special assessment tax lien. Under these circumstances, the levying officer should apply redemption rights as directed in the judgment. Any assertions of irregularity in the proceedings or judgment (if any) should be made by any affected party in the action. However, wording contained in Section 729.010 of the Code of Civil Procedure limits the right of redemption to situations involving a mortgage or deed of trust. For the right of redemption to exist, one is required to point to specific and clear authority in a code section granting such a right in a situation where the party is attempting to apply it. [Yancy v. Fink (1991) 226 Cal. App. 2d 1334, 1346] The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description.

SALE: Remove any references to Section CCP 729.010 and a right of redemption from the sale notice. A minimum bid is applicable pursuant to Streets and Highways Code 8832 and Govt. Code 53356.6. The sale notice should contain disclosures regarding minimum bid requirements. The real property may not be sold unless the amount paid on the bid equals or exceeds... - the amount of the judgment with costs and interest; - costs and interest on the judgment accruing after issuance of the writ; - the levying officer's costs; and - any other amounts required by law to be bid in order that the lot or parcel may be sold. Other minimum bid requirements are established by CCP 701.620. The amount bid on the real property must also exceed the total of the following amounts: - preferred labor claims; - state tax liens (as defined in Govt. Code 7162) that is superior to the creditor's lien (make written request that the creditor provide you with the current amount of any state tax lien).

CATEGORY J: WRIT OF SALE Foreclosure of an assessment lien by an association or common interest development. Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure and order for sale. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). DESCRIPTION: A common interest development may also be referred to as a community apartment project, condominium project, community association, planned development, or stock cooperative. A lien resulting from delinquent assessments (mandatory association fees, dues, etc.) may be enforced in any manner permitted by law, including a sale by the designated trustee or sale by court. [Civil Code 1367(e)] Statues governing foreclosure of a lien for delinquent assessments are found in the Civil Code 1350 1377 et seq. Examine the language contained in the judgment for specifics regarding how the sale is to proceed. DISCUSSION: Occasionally, language authorizing a right of redemption may be found in a judgment based upon a judicial foreclosure of delinquent homeowners association assessments. Under these circumstances, the levying officer should apply redemption rights as directed in the judgment. Any assertions of irregularity in the proceedings or judgment (if any) should be made by any affected party in the action. However, wording contained in Section 729.010 of the Code of Civil Procedure limits the right of redemption to situations involving a mortgage or deed of trust. For the right of redemption to exist, one is required to point to specific and clear authority in a code section granting such a right in a situation where the party is attempting to apply it. [Yancy v. Fink (1991) 226 Cal. App. 2d 1334, 1346] The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. SALE: Remove any references to Section CCP 729.010 and a right of redemption from the sale notice. The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale.

CATEGORY K: WRIT OF SALE Foreclosure of a mechanics lien (labor or improvements to real property). Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure and order for sale. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). DESCRIPTION: Generally, a person who performs labor, furnishes materials, bestows skill, or otherwise contributes to a work of improvement on real property shall have a lien upon the property. [Civil Code 3110] Whenever, upon the sale of the property under a judgment of foreclosure of a mechanics lien, there is a deficiency of proceeds, a judgment for the deficiency may be entered against any party personally liable therefore in like manner and with like effect as in an action for the foreclosure of a mortgage. [Civil Code 3151] DISCUSSION: Occasionally, language authorizing a right of redemption may be found in a judgment based upon a judicial foreclosure of a mechanics lien. Under these circumstances, the levying officer should apply redemption rights as directed in the judgment. Any assertions of irregularity in the proceedings or judgment (if any) should be made by any affected party in the action. However, wording contained in Section 729.010 of the Code of Civil Procedure limits the right of redemption to situations involving a mortgage or deed of trust. For the right of redemption to exist, one is required to point to specific and clear authority in a code section granting such a right in a situation where the party is attempting to apply it. [Yancy v. Fink (1991) 226 Cal. App. 2d 1334, 1346] Carefully examine the certified copy of the judgment to determine if time reductions are indicated, or if special language must appear in the sale notice, etc. Levy and sell the property in the same manner as under a writ of execution (Category C) applying variations, if any, as indicated by the judgment for sale. The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. SALE: Remove any references to Section CCP 729.010 and a right of redemption from the sale notice. The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale.

CATEGORY L: WRIT OF SALE Foreclosure of other liens (as authorized by court). Note: The writ of sale delivered to the levying officer shall be accompanied by a certified copy of the judgment for sale. [CCP 716.010(c)] The judgment for sale may also be referred to as a decree of foreclosure and order for sale. Proceed only if the levy (recording, service, mailing, posting of the writ and notice of levy) can be completed prior to the expiration of 180 days from the issuance of the writ. [CCP 712.030(b)] The contents of the writ must conform to the requirements of both CCP 712.020 & 716.010(b). EXAMINE the judgment carefully to determine whether there any special requirements in the levy and sale procedure. DISCUSSION: Occasionally, language authorizing a right of redemption may be found in a judgment based upon a judicial foreclosure of a lien. Under these circumstances, the levying officer should apply redemption rights as directed in the judgment. Any assertions of irregularity in the proceedings or judgment (if any) should be made by any affected party in the action. However, wording contained in Section 729.010 of the Code of Civil Procedure limits the right of redemption to situations involving a mortgage or deed of trust. For the right of redemption to exist, one is required to point to specific and clear authority in a code section granting such a right in a situation where the party is attempting to apply it. [Yancy v. Fink (1991) 226 Cal. App. 2d 1334, 1346] The judgment debtor is not entitled to claim an exemption for property levied upon under a judgment for the sale of property. [CCP 703.010] However, the judgment debtor may claim available exemptions for property levied upon to satisfy damages or costs awarded in such a judgment. Therefore, if the judgment debtor files a claim of exemption, the levying officer should simply accept the claim and process it in the same manner as in execution, thus allowing the court to make a determination. Carefully examine the certified copy of the judgment to determine if time reductions are indicated, or if special language must appear in the sale notice, etc. Levy and sell the property in the same manner as under a writ of execution (Category C) applying variations, if any, as indicated by the judgment for sale. CREDITOR S INSTRUCTIONS: The application for sale of a dwelling procedure is not applicable under a writ of sale. Therefore, it is not necessary for the creditor to provide dwelling statements. Since the writ and judgment for sale both contain the legal description, the creditor s instructions do not need to restate the legal description. SALE: Remove any references to Section CCP 729.010 and a right of redemption from the sale notice. The sale notice should reflect the minimum bid amount (if any) pursuant to CCP 701.620. Distribute the proceeds as directed in the judgment for sale.

INSTRUCTIONS TO THE SHERIFF OF COUNTY TO LEVY UPON REAL PROPERTY The Sheriff must have written, signed, instructions by the attorney for the creditor, or the creditor if he/she has no attorney in accordance with CCP 262; 687.010. vs. Plaintiff Defendant Court Case Number Levy Officer's File Number - if known Check here if this is supplemental information or addendum to previously submitted instructions. Provide the original and 5 copies of the writ (and any attachments to the writ). Provide the required advance deposit for fees and costs. Below, select the type of writ and provide all the requested information: Writ of Attachment A levy will be conducted in conformance with CCP 488.315 and 700.015. The defendant's interest is not sold under a writ of attachment. When levy is pursuant to a writ of attachment AND the defendant has not been previously served with a copy of the summons and complaint, you are required, pursuant to CCP 488.020(c), to instruct the levying officer to serve a copy of the summons and complaint when the writ is served upon the defendant. Please serve a copy of the summons and complaint upon the defendant(s). I am providing two copies of the summons and complaint for each defendant to be served. The defendant was previously served with the summons and complaint. Writ of Execution (money judgment) Does the real property contain a dwelling? Yes No Writ of Sale Provide a certified copy of the Judgment for Sale as required by CCP 716.010(c). The judgment is for the... 1 partition of real property. 2 judicial foreclosure of a... 2a mortgage or deed of trust. The judgment indicates that a deficiency judgment... may be ordered. is waived or prohibited. 2b special assessment property tax or Mello-Roos tax lien (judgment creditor is a public entity or district). 2c assessment lien by an association or common interest development. 2d mechanics lien (labor or improvements to real property). 2e other lien(s) on real property. Is a right of redemption applicable to the sale of this property? Yes No This levy seeks to levy upon (or attach) real property interest of the following judgment debtor(s) / defendant(s): NAME: ADDRESS: (include mailing address) NAME: ADDRESS: (include mailing address) RPLG-01 (continued on reverse)

Page 2 Does the judgment debtor s/defendant s interest in the real property consist of a leasehold interest (may also be referred to as a leasehold estate or an estate for years )? Yes No. If yes, provide the date the lease expires:. Provide the common street address for the real property (if any). The common street address must be included on the subsequent notice of sale. If this is vacant land, please indicate: Attach to this sheet the legal description of the property. Include the assessor's parcel number. Ensure that the legal description is typed and clear enough for recording purposes. (provide assessor's map if either vacant land or no common street address exists): Does the real property also stand in the name of a person (other than the judgment debtor/defendant) having a recorded interest in the real property as shown by the records of the county? Yes No. If yes, provide the names and addresses of all such third persons. The Sheriff is required to serve (by mail) a copy of the writ and notice of levy on each such third person. Section 700.015 of the Code of Civil Procedure requires that if...service on the third person is by mail, it shall be sent to the person at the address for such person, if any, shown by the records of the office of the tax assessor of the county where the real property is located or, if no address is so shown, to the person at the address used by the county recorder for the return of the instrument creating the interest of the third person in the property. List the names and address of the third person(s). Attach a separate sheet if necessary. NAME: ADDRESS: NAME: ADDRESS: Additional names and addresses of third persons are contained on a separate sheet. Signature of attorney Date TEL ( ) Ext. FAX ( ) RPLG-01

COUNTY SHERIFF'S DEPARTMENT REQUEST FOR APPLICATION FOR ORDER OF SALE OF DWELLING Date: To: Subject: NOTICE TO JUDGMENT CREDITOR - REQUEST FOR APPLICATION FOR ORDER FOR SALE OF A DWELLING (CCP 704.750) vs. (Plaintiff) (Defendant) (Court Case No.) (Sheriff's File No.) This is to notify you that a levy on real property or leasehold estate has been performed in accordance with your written instructions. Pursuant to Section 704.750 of the Code of Civil Procedure, within 20 days after service of this notice, you are required to apply to the court for an order for sale of the dwelling AND file a copy of the application with this office. CCP 704.750 further directs the levying officer to release the dwelling if you do not file the copy of the application for an order for sale of the dwelling within this indicated time limit. The appropriate time extension will be added to the mailing of this notice as required by CCP 684.120(b)., Sheriff County of State of California By: (Sheriff s Authorized Agent) RPLG-02

COUNTY SHERIFF'S DEPARTMENT REQUEST FOR REAL PROPERTY LIENHOLDER INFORMATION Date: To: Subject:: REQUEST FOR REAL PROPERTY LIENHOLDER INFORMATION. vs. (Plaintiff) (Defendant) (Court Case No.) (Sheriff's File No.) In accordance with your written instructions, our office has levied upon the judgment debtor s interest in the real property. The notice of levy and a copy of the writ were recorded with the office of the County Recorder on. We are requesting that you make an addendum to your original letter of instruction by supplying us with a list of names and addresses of all persons having liens on the aforementioned real property which are of record with the County Recorder s Office as of the date of levy. This information must be determined no earlier than 30 days after the date of levy (recording of the writ) pursuant to Section 701.540(h) of the Code of Civil Procedure. If a state tax lien (as defined in 7162 of the Government Code) has been recorded against the real property and such lien is superior to the judgment creditor s lien, include the dollar amount of the state tax lien. Should you find that there are no persons having liens on the real property, please provide our office with a statement to that effect. Further proceeding by our office in this matter is dependent upon your written reply. Sincerely,, Sheriff County of State of California By: (Sheriff s Authorized Agent) RPLG-03

COUNTY SHERIFF'S DEPARTMENT REQUEST FOR REAL PROPERTY LIENHOLDER INFORMATION ON REAL PROPERTY TO BE SOLD SUBJECT TO THE RIGHT OF REDEMPTION (CCP 729.010) Date: To: Subject:: REQUEST FOR REAL PROPERTY LIENHOLDER INFORMATION. REAL PROPERTY SUBJECT TO THE RIGHT OF REDEMPTION vs. (Plaintiff) (Defendant) (Court Case No.) (Sheriff's File No.) The Sheriff's Department has levied upon the judgment debtor's interest in the real property described in the judgment and writ of sale which was issued as a result of the above referenced civil case. A notice of levy and writ of sale were recorded with the office of the County Recorder on. (Date) We are requesting that you make an addendum to your original letter of instruction by supplying us with a list of names and addresses of all persons having liens on the aforementioned real property that are of record with the County Recorder s Office as of the date of entry of judgment for sale so that we may give them notice of the sale. You are NOT required to wait 30 days after the date of recording before sending this information. If a state tax lien (as defined in 7162 of the Government Code) has been recorded against the real property and such lien is superior to the judgment creditor s lien, include the dollar amount of the state tax lien. If you do not intend to provide the requested lienholder information, you must instruct the Sheriff s Department to proceed to sell the real property without giving notice of sale to the lienholders. Further proceedings by the Sheriff s Department in this matter are dependent upon your written reply., Sheriff County of State of California By: (Sheriff s Authorized Agent) RPLG-04

COUNTY SHERIFF'S DEPARTMENT CLARIFICATION OF SALE PROCEDURE Date: To: RE: CLARIFICATION OF SALE PROCEDURE vs. (Plaintiff) (Defendant) (Court Case No.) (Sheriff's File No.) We are in receipt of the court s judgment and/or order for sale for the foreclosure of a mortgage or deed of trust. The judgment is unclear as to whether, or not, the property is to be sold subject to a right of redemption pursuant to CCP 729.010. More specifically, the judgment does not indicate whether a deficiency judgment may be ordered, is waived, or if the judgment creditor is prohibited from taking a deficiency judgment against the judgment debtor(s). This information is necessary in order that our office may proceed to sale in a manner that is consistent with applicable statutes. Therefore, further proceeding by our office is dependent upon your providing either... an amended judgment or order (certified copy) that indicates whether, or not, a right or redemption is applicable; OR as an officer of the court, your written/signed representation of the court s intentions at the time judgment was entered as to whether a deficiency judgment... may be ordered, OR is waived or prohibited. Sincerely,, Sheriff County of State of California By: (Sheriff s Authorized Agent) RPLG-05

NOTICE OF SHERIFF'S SALE OF REAL PROPERTY (CCP 701.540) SHERIFF'S CIVIL NO. COURT CASE NO. UNDER A [ ] WRIT OF EXECUTION [ ] WRIT OF SALE FOR PARTITION [ ] WARRANT ISSUED BY STATE OF CALIFORNIA issued out of the Court, Judicial District, County of, State of California, on, 20, on a judgment rendered on, 20, IN FAVOR OF (Name and Address of Judgment Creditor[s]) AND AGAINST (Name[s] and Last Known Address[es] of Judgment Debtor[s]) for the sum of Dollars; I HAVE LEVIED upon all the right, title, claim and interest of the judgment debtor(s),, in real property, in the County of, described as follows: [ ] See attached for legal description Minimum Bid Amount (if applicable) $. PROSPECTIVE BIDDERS SHOULD REFER TO SECTIONS 701.510 to 701.680, INCLUSIVE, OF THE CODE OF CIVIL PROCEDURE FOR PROVISIONS GOVERNING THE TERMS, CONDITIONS, AND EFFECT OF THE SALE AND THE LIABILITY OF DEFAULTING BIDDERS. PUBLIC NOTICE IS HEREBY GIVEN that I will proceed to sell at public auction to the highest bidder, for cash in lawful money of the United States, all the right, title and interest of said judgment debtor(s) in the above described property, or so much thereof as may be necessary to satisfy said execution, with accrued interest and costs on:, 20, at o'clock. M., at the following location: in the City of, County of, State of California. Directions to property location to be obtained from the levying officer upon oral or written request. DATED AT, CALIFORNIA,SHERIFF COUNTY OF: BY Deputy Attorney for Judgment Creditor: (Name, Address and Telephone) RPLG-06 LIENS MAY BE PRESENT WHICH MAY OR MAY NOT SURVIVE THIS LEVY

NOTICE OF SHERIFF'S SALE FORECLOSURE OF REAL PROPERTY (CCP 729.010) SHERIFF'S CIVIL NO. COURT CASE NO. UNDER A WRIT OF SALE issued out of the Court, Judicial District, County of, State of California, on, 20, 20,, on a judgment rendered on IN FAVOR OF (Name and Address of Judgment Creditor[s]) AND AGAINST (Name[s] and Last Known Address[es] of Judgment Debtor[s]) for the sum of Dollars; I HAVE LEVIED upon all the right, title, claim and interest of the judgment debtor(s),, in real property, in the County of, described as follows: [ ] See attached for legal description The property to be sold... [ ] is subject to the right of redemption. [ ] is NOT subject to the right of redemption. The amount of the secured indebtedness with interest and costs is $. Minimum Bid Amount (if applicable) $. PROSPECTIVE BIDDERS SHOULD REFER TO SECTIONS 701.510 to 701.680, INCLUSIVE, OF THE CODE OF CIVIL PROCEDURE FOR PROVISIONS GOVERNING THE TERMS, CONDITIONS, AND EFFECT OF THE SALE AND THE LIABILITY OF DEFAULTING BIDDERS. PUBLIC NOTICE IS HEREBY GIVEN that I will proceed to sell at public auction to the highest bidder, for cash in lawful money of the United States, all the right, title and interest of said judgment debtor(s) in the above described property, or so much thereof as may be necessary to satisfy said execution, with accrued interest and costs on:, 20, at o'clock. M., at the following location: in the City of, County of, State of California. Directions to property location to be obtained from the levying officer upon oral or written request. DATED AT, CALIFORNIA,SHERIFF COUNTY OF: BY Deputy Attorney for Judgment Creditor: (Name, Address and Telephone) RPLG-07 LIENS MAY BE PRESENT WHICH MAY OR MAY NOT SURVIVE THIS LEVY

COUNTY SHERIFF'S DEPARTMENT REQUEST FOR PUBLISHING Date: To: RE: REQUEST FOR PUBLISHING Sheriff's Civil No.: Dear Sir or Madam: Enclosed is a Notice of Sale on Real Property. Please publish on the following dates: FIRST PUBLICATION: SECOND PUBLICATION: THIRD PUBLICATION: After set-up has been completed, please forward a tear sheet. Upon completion of advertising, please furnish an Affidavit of Publishing. Forward the bill to the address listed above. Yours Truly,, SHERIFF County of By: Enclosure RPLG-08

RECORDING REQUESTED BY FOR RECORDER'S USE, SHERIFF AFTER RECORDING, RETURN TO: SHERIFF'S CERTIFICATE OF SALE ON WRIT OF SALE COUNTY OF, STATE OF CALIFORNIA COURT/CASE NO.: SHERIFF S FILE NO.: VS. COURT OF ORIGIN: (Title and Address) DATE OF ENTRY OF JUDGMENT: SUBSEQUENT RENEWAL DATE(S): JUDGMENT CREDITOR(S): (Name and Address) JUDGMENT DEBTOR(S): (Name and Last Known Address) I,, Sheriff of the County of, do hereby certify that by virtue of a Writ of Sale issued in the above entitled action, out of the above named court, dated, upon a judgment in the above entitled action in favor of the Judgment Creditor(s); I was commanded to satisfy said judgment out of the property of the Judgment Debtor(s) described therein by selling all the right, title and interest of the Judgment Debtor(s) in said action, to real property hereinafter described. I further certify that, after first publishing and posting notice of the time and place of the sale according to law, I did, on the day of, 20, at O'clock M, sell at public auction in the City of, County of, all the right title and interest of said Judgment Debtor(s) in said real property, to for the total sum of $, lawful money of the United States, said purchaser(s) being the highest bidder(s). SHERIFF'S CERTIFICATE OF SALE ON WRIT OF SALE RPLG-09 (Continued on reverse)

SHORT TITLE CASE NUMBER SHERIFF'S CERTIFICATE OF SALE ON WRIT OF SALE (continued). If applicable, the price paid for each distinct lot or parcel is as follows: The described real property was sold subject to the right of redemption pursuant to 729.010 CCP. The redemption period of expires on. The real property sold as aforesaid is described as follows: Legal Description: See Attachment IN WITNESS WHEREOF, I have hereunto set my hand this of, 20.,SHERIFF COUNTY OF: BY DEPUTY SHERIFF'S CERTIFICATE OF SALE ON WRIT OF SALE RPLG-09

RECORDING REQUESTED BY FOR RECORDER'S USE, SHERIFF AFTER RECORDING, RETURN TO: SHERIFF S DEED COUNTY OF, STATE OF CALIFORNIA UNDER A ( ) WRIT OF EXECUTION ( ) WRIT OF SALE ( ) WARRANT ISSUED BY STATE OF CALIFORNIA COURT CASE NO. VS. COURT OF ORIGIN: (Title and Address) DATE OF ENTRY OF JUDGMENT: SUBSEQUENT RENEWAL DATE(S): JUDGMENT CREDITOR(S): (Name and Address) JUDGMENT DEBTOR(S): (Name and Last Known Address) GRANTOR:, SHERIFF, County of, State of California. Hereinafter referred to as "the Sheriff." GRANTEE(S): (Name(s) of Purchaser(s) and Address) Hereinafter referred to as Grantee(s). WHEREAS, a Writ of Execution Writ of Sale and a certified copy of the judgment Warrant issued by the State of California was directed and delivered to the Sheriff, together with written instructions by the Judgment Creditor and his/her attorney to levy upon and sell the herein referenced Judgment Debtor's right, title, and interest in the real property herein described; the real property was levied upon by the Sheriff pursuant to 700.015 CCP on. Date of Levy After waiting the mandatory time prescribed by law, I advertised the herein described real property for sale. On, I sold said real property to the highest bidder,, Date of Sale Name(s) of Purchaser(s) who paid $. This sale was conducted according to the California Code of Civil Procedure and the California Commercial Code (Rules of Auction). (Continued on reverse side) SHERIFF'S DEED RPLG-10

SHORT TITLE CASE NUMBER SHERIFF'S DEED continued. Under Writ of Sale, if applicable, The described property was sold subject to the right of redemption pursuant to CCP 729.010. I hereby certify that the herein named Grantee (Purchaser) was issued a Certificate of Sale on. Said Certificate was recorded with the County of Riverside, and recorder on. The redemption period of, having passed without the real property being redeemed, I am issuing this deed pursuant to CCP 729.080. The described property was NOT sold subject to the right of redemption I, THE SHERIFF, by virtue of said Writ, and in pursuance of the Code of Civil Procedure, do grant, sell, convey unto the purchaser(s), herein named and identified as Grantee(s), all right, title and interest of the herein named judgment debtor in the real property described in this deed. Description of REAL PROPERTY for which this deed is issued: Common Address: Legal Description: See Attachment IN WITNESS WHEREOF, I have hereunto set my hand this of, 20. State of California County of Riverside,SHERIFF COUNTY OF: BY DEPUTY On this day of, before me,, a Notary Public, personally appeared, personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public RPLG-10 SHERIFF'S DEED

COUNTY SHERIFF S DEPARTMENT RETURN ON EXECUTION - REAL PROPERTY SALE COURT: CASE NO.: FILE NO.: vs I,, Sheriff of the County of, certify that under the authority of the attached Writ and/or Order for Sale, I levied upon the real property described in the Notice of Sale in the Publisher s Affidavit Certificate hereto and made part of this return. I thereafter, at least 20 days before the date of sale: Posted a Notice of Sale particularly describing the property in a public place in the City of; posted duplicate Notice(s) in a conspicuous place on the property to be sold; mailed duplicate Notice(s), by mail, to the judgment debtor(s) at the address(es) furnished to me by the creditor or his attorney or agent as being the debtor s last known business or residence address, or delivered such notice to the judgment debtor(s) personally; published a copy thereof once a week for three weeks in a newspaper of general circulation published in the city in which the property of some part thereof is situated, or if the property is not situated within a city, then in a newspaper of general circulation published in the judicial district; and mailed duplicate Notice(s) to those persons, if any, designated on the Writ as having requested such Notice. ( ) Copies of an order to show cause, application and notice of hearing for order for sale of dwelling served in accordance with the provisions of CCP 704.770, prior to the issuance of the order for sale. ( ) I hereby certify that I waited 120/20 days/ days from the date notice of levy and copy of the writ was served upon the judgment debtor before giving notice of sale, and that I requested from the judgment creditor the names of all persons having liens on the aforementioned real property. Said request was made no sooner than 30 /10/ days after the date of levy. Notices of Sale were mailed to all persons named by the judgment creditor (CCP 701.540[h] and 701.545). [ ] Time reductions for giving notice of sale or obtaining lienholder information were applicable pursuant to Government Code Section 54456.5 or CCP 729.010. On, 20, at o clock.m., I attended and offered for sale at in the City of, the time and place fixed, and sold the real property as follows: To Purchaser(s), said purchaser(s) being the highest bidder(s) and his/their bid(s) being the highest bid for the same. I have given said purchaser(s) a deed of said sale and have recorded duplicate thereof with the Office of the County Recorder for the County of. Said sale, in lawful money of the United States; amount to a total sum of: $ ( ) I applied the said sum to my fees and expenses: $ ( ) I deducted from the said sum my fees and expenses: $ ( ) I paid the discharge of all liens and encumbrances on the property in the separate amounts and to the persons as ordered by the court the total of: $ ( ) I paid to the debtor(s)/exemption claimant: ( ) Under the exemption provided CCP Section $ ( ) Monies collected in excess of amount to satisfy writ: $ ( ) I paid to the creditor(s): $ I HEREBY RETURN THE ANNEXED WRIT ( ) Unsatisfied with added costs: $ ( ) Partially satisfied ( ) Wholly satisfied EXECUTED SHERIFF, COUNTY OF: RPLG-11 BY DEPUTY:

COUNTY SHERIFF S DEPARTMENT RETURN ON WRIT OF SALE - FORECLOSURE OF REAL PROPERTY COURT: COURT/CASE NO.: SHERIFF S FILE NO.: vs. I,, Sheriff of the County of, certify that I received the annexed Writ of Sale and certified copy of the Judgment for Sale on the date endorsed thereon by me. Pursuant thereto, I advertised for sale the lands described in the Notice of Sale in the Publisher s Affidavit/Certificate attached hereto. At least 20 days before the date of sale, I: Posted a Notice of Sale particularly describing the property in a public place in the City of ; posted duplicate Notice(s) in a conspicuous place on the property to be sold; mailed duplicate Notice(s) to the judgment debtor(s) at the address(s) furnished to me by the creditor or his attorney or agent as being the debtor s last known business or residence address, or delivered such notice to the judgment debtor(s) personally; published a copy thereof once a week for three weeks in a newspaper of general circulation published in the city in which the property or some part thereof is situated, or if the property is not situated within a city, then in a newspaper of general circulation published in the judicial district; and mailed duplicate Notice(s) to those persons, if any, designated on the Order as having requested such notice. On, 20, at O clock M., I attended and offered for sale at the Street doorway of the County Courthouse in the City of, the time and place fixed, and sold the real property as follows: To Purchaser(s), Purchaser(s), said purchaser(s) being the highest bidder(s) and his/their bid(s) being the highest bid for the same. I have given said purchaser(s) a certificate of said sale and have recorded duplicate thereof with the Recorder of the County of. Said sale, in lawful money of the United States, amounted to a total sum of: ( ) I applied the said sum to my fees and expenses: $ ( ) I deducted from the said sum my fees and expenses: $ ( ) I paid to the debtor(s): $ ( ) Being monies collected in excess of amount to satisfy the Writ: $ ( ) I paid to the creditor(s): $ I HEREBY RETURN THE ANNEXED WRIT... ( ) Unsatisfied with added costs of: $ ( ) Partially satisfied: $ ( ) Wholly satisfied: $ RPLG-12,SHERIFF COUNTY OF: BY DEPUTY

COUNTY SHERIFF S DEPARTMENT RETURN ON REAL ESTATE LEVY ATTACHMENT ENFORCEMENT OF JUDGMENT COURT: COURT/CASE NO.: SHERIFF S FILE NO.: vs. As Sheriff of the county of, I certify that I levied on real property by recording with the recorder of County a copy of the annexed writ and: [ ] Sheriff's notice of levy upon real property and description of the property, [ ] Notice of attachment and copy of right to attach order, on, and that I completed said levy within fifteen days by service of copies of the above enumerated process as follows: [ ] Served personally upon occupant(s) of the property: [ ] Posted in a conspicuous place on the property, there being no occupant. [ ] Mailed to recorded owner(s). [ ] Mailed to defendant(s)/debtor(s): Under writ received by me on the date endorsed thereon, issued in said action, I attached and levied upon as aforesaid all the right, title, claim and interest of: Defendant(s) or judgment debtor(s) named in said writ, in real property state in instructions of plaintiff(s), creditor(s) or attorney for same to stand on the records of county in the name(s) of: Located in County, State of California, and described as follows: [ ] I am currently holding said real property under attachment/execution pending: [ ] The real property described above was subsequently released from levy for the following reason: SHERIFF'S COSTS: $ SHERIFF OF THE COUNTY OF DATED: BY: (Deputy) RETURN ON REAL ESTATE LEVY ATTACHMENT ENFORCEMENT OF JUDGMENT RPLG-13

RECORDING REQUESTED BY FOR RECORDER'S USE, SHERIFF AFTER RECORDING, RETURN TO: SHERIFF'S RELEASE OF LEVY ON REAL ESTATE ATTACHMENT - ENFORCEMENT OF JUDGMENT SHERIFF'S OFFICE ) COUNTY OF ) COURT: STATE OF CALIFORNIA ) CASE NO.: CASE: VS. (Plaintiff(s) (Defendant(s) The real property described in the attached exhibit was levied upon by the sheriff in the above entitled action and is hereby released. Said real property levy was originally recorded on:, recorder's document No.:, Defendant/judgment debtor(s):. Reason for release: IN WITNESS WHEREOF, I have hereunto set my hand this of, 20.,SHERIFF COUNTY OF: BY State of California County of Riverside DEPUTY On this day of, before me,, a Notary Public, personally appeared, personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public SHERIFF'S RELEASE OF LEVY ON REAL ESTATE ATTACHMENT - ENFORCEMENT OF JUDGMENT RPLG-14

COUNTY SHERIFF'S DEPARTMENT Date: To: RE: NOTICE TO JUDGMENT DEBTOR - RIGHT TO REDEEM REAL PROPERTY vs (Plaintiff) (Defendant) (Court Case No.) (Sheriff's File No.) This is to notify you that pursuant to an order of Writ of Sale issued in the above entitled action and instructions of Attorney for Plaintiff, the real property as described in the attached sale notice was sold in the manner prescribed by law. DATE AND TIME OF SALE: PURCHASER: PURCHASE PRICE: Said real property is subject to redemption. As judgment debtor, your right of redemption must be exercised within: Three months after the date of sale, per CCP 729.030(a). One year after the date of sale, per CCP 729.030(b). This notice is given in compliance with Section 729.050 CCP., Sheriff County of State of California By: (Sheriff s Authorized Agent) RPLG-15

COUNTY SHERIFF'S DEPARTMENT Date: To: RE: REQUEST RETURN OF CERTIFICATE OF SALE OR CERTIFICATE OF REDEMPTION vs. (Plaintiff) (Defendant) (Court Case No.) (Sheriff's File No.) According to the records of this office, you (purchased or redeemed) the interest in real property sold by me at sheriff s sale on (Date). (Name) deposited with me monies in the amount of (Amount) which is sufficient to pay the redemption amount of record in this office, together with an offer to pay any additional sums due you in accordance with CCP 729.060. (If applicable). He has also provided me with the documents under which he bases his right to redeem. Copies of these documents are enclosed herewith. Provided that you acknowledge this as a redemption, please return to me the original (Sheriff s Certificate of Sale or Certificate of Redemption), together with a statement of any other monies due you as prescribed by CCP 729.060 and 729.090, and a statement of any rents or profits you have received that should be credited to the redemption amount. Upon receipt of these items, I can forward to you my remittance and issue to the person redeeming my Certificate of Redemption., Sheriff County of State of California By: (Sheriff s Authorized Agent) RPLG-16

RECORDING REQUESTED BY RECORDER'S USE ONLY, SHERIFF AFTER RECORDING, RETURN TO: COUNTY SHERIFF S DEPARTMENT SHERIFF S CERTIFICATE OF REDEMPTION I,, Sheriff of the County of, State of California, certify that on, 20, paid to me the sum of Dollars, the price paid by the purchaser of the real property hereinafter described, sold by the Sheriff of County,, 20, under Writ of Sale issued out of the Court of the County of, State of California, Case No., including interest thereon up to the time of redemption, together with the amount of all taxes and assessments paid by the purchaser on said property, after said purchase, and interest thereon; that I have granted and executed to said this my Certificate of Redemption of said property, in conformity with the statute in such case made and provided. The premises so redeemed, or intended to be redeemed, are described as follows: IN WITNESS WHEREOF, I have hereunto set my hand this of, 20 SHERIFF OF THE COUNTY OF State of California County of Riverside BY DEPUTY On this day of, before me,, a Notary Public, personally appeared, personally known to me - OR - proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Signature of Notary Public RPLG-17