Ventura — Application for Real Property Equity Bond and Delcaration of Property Owner(s)

Source: https://ventura.courts.ca.gov/system/files/vn190.pdf

VN190

ATTORNEY OF PARTY WITHOUT ATTORNEY (Name and Address) Telephone Number FOR COURT USE ONLY

E-MAIL ADDRESS

ATTORNEY FOR (Name):

SUPERIOR COURT OF CALIFORNIA, COUNTY OF VENTURA

800 SOUTH VICTORIA AVE. VENTURA, CA 93009

THE PEOPLE OF THE STATE OF CALIFORNIA CASE NUMBER:

VS

Hearing Date: ___________
APPLICATION FOR REAL PROPERTY EQUITY BOND
AND DECLARATION OF PROPERTY OWNER(S) Time: ___________
Courtroom: ___________
(Penal Code Section 1298)

1. The above named defendant was arrested and had bail set in the amount of $__________________.

2. I/We (name of Property Owners) ________________________________want to post a “property bond” based on the equity I/we have in real property as provided in Penal Code section 1298.

3. I/We own real property located at ___________________________________. The current market value of this property is $. The legal description of this property is attached to this application as Exhibit “A.”

4. The real property has liens and encumbrances totaling $ _____________________, which are listed in detail on Exhibit “B.” Statements from all persons who have liens and encumbrances against the property verifying how much is presently owed, and that all such loans are current are also attached.

5. The equity in the real property is at least twice the amount of the bail in this matter. A current appraisal isattached as Exhibit “C”.

6. The real property: has not been previously qualified for a bail bond within the last 12 months has been qualified for a bail bond in the last 12 months in the amount of $ _______________, and this bond has has not been exonerated.

7. Also attached to this declaration as Exhibit “D” is an original Preliminary Title Report issued by a California Title Company, and attached as Exhibit “E” is proof of required fire insurance showing the County of Ventura as an additional insured.

8. Attached as Exhibit “F” is a Proposed Certificate of Acceptance on behalf of the County of Ventura.

9. We agree to maintain the insurance on the property and keep all property taxes and obligations listed in paragraph 4, above, current while the property bond is in force. I/We further agree not to cause additional liens or encumbrances on the property without prior court approval.

Mandatory Form APPLICATION FOR REAL PROPERTY EQUITY BOND Page 1 of 2 VN190 (01/08) AND DECLARATION OF PROPERTY OWNER(S) (Penal Code Section 1298)

VN190

SHORT TITLE: CASE NUMBER:

10. I/WE UNDERSTAND THAT IN THE EVENT THAT THE PERSON FOR WHOM THIS BOND IS TO BE POSTED FAILS TO MAKE HIS OR HER REQUIRED COURT APPEARANCE(S), I MUST PAY THE COUNTY OF VENTURA THE FULL AMOUNT OF THE BAIL.

11. I/WE FURTHER UNDERSTAND THAT IF I/WE DO NOT PAY THE FULL AMOUNT OF THE BAIL, THE DEPOSITED REAL PROPERTY WILL BE FORECLOSED AND SOLD TO SATISFY THE PAYMENT OF THE FULL AMOUNT OF BAIL, PLUS INTERST, PLUS ANY ADDITIONAL FEES OR COSTS OF FORECLOSURE.

12. I/We understand that if this application is granted it is my/our responsibility to record the order and deed of trust in the county where the real property is located and to pay the fees for recording the documents.

13. I/We understand that after recording I/we must provide proof of the recording to the Court and only upon such proof of recording being submitted to the Court, will the Court make an order to release the defendant.

14. I/We understand that if bail is exonerated it is my/our responsibility to prepare and submit the Request for Reconveyance to the Executive Officer of the Court for signature and to submit the same to the Trustee for reconveyance.

I/We declare, under penalty of perjury, under the laws of the State of California, that the information above, and on
any attachments to this form, is true and correct.

Dated:_________________________________

______________________________________ _____________________________________________
Print Name of Property Owner Signature of Property Owner

_______________________________________ ______________________________________________
Print Name of Property Owner Signature of Property Owner

Mandatory Form APPLICATION FOR REAL PROPERTY EQUITY BOND Page 2 of 2 VN190 (01/08) AND DECLARATION OF PROPERTY OWNER(S) (Penal Code Section 1298)