Madera — Instructions for Undertaking pursuant to Penal Code 1279 and 1298 (MAD-CRM-004)

Source: https://www.madera.courts.ca.gov/system/files/forms-and-filings/mad-crm-004-instructions-undertaking-pursuant-penal-code-ssss1279-1298-rev-04-15-2020.pdf

MAD-CRM-004 Superior Court of California, County of Madera Instructions for Undertaking pursuant to Penal Code, §§1279, 1298 [Deposit of real property as bail]

1. INITIATING THE LIEN
a. Documents Required:
i. Undertaking and Affidavit for Undertaking
1. This form is available at Superior Court Criminal Division or online
at .www.madera.courts.ca.gov.
2. This form must be completed and notarized.
3. Value of equity in property must be twice the amount of bail after homestead
exemptions. (Note: The amount of exemption is determined by Civil Code of
Procedure, §704.730. Refer to Page 4)
4. The Superior Court case number must be place on the Affidavit for Undertaking.

ii. Deed of Trust
1. This form may be purchased at a stationary/legal bookstore.
2. This form must name the beneficiary as the Clerk of the Superior Court of
California, County of Madera.
3. The Superior Court case number must be placed on the Deed of Trust.
4. Mailing Instructions for recorded documents to be included as follows:
(Use the address of the Division in which the case is being heard)
Superior Court of California, County of Madera

Criminal Division - 200 S. G Street, Madera, CA 93637
Traffic Division - 200 S. G Street, Madera, CA 93637
Juvenile Division - 200 S. G Street, Madera, CA 93637

iii. Promissory Note
1. Form may be purchased from a stationary/legal bookstore or may be
incorporated as part of the Deed of Trust.
2. The date of the Promissory Note must be the same as the date on the Deed of
Trust.
3. The note must contain the following:
a. Dollar amount of the Deed of Trust
b. Name of the City where executed
c. Name of the Trustor(s)
d. Terms of payment
e. Beneficiary of Clerk of the Superior Court of California, County of Madera
f. Signature(s) of the Trustor(s)

iv. Grant Deed
1. This form must verify ownership of the property.
2. This form must be a certified copy.
3. This form must be the current deed on file at the County Recorder’s Office in the
county where the property is located.

Form Adopted for Optional Use INSTRUCTIONS FOR UNDERTAKING PURSUANT TO Page １ of 4 Madera Superior Court Local Form PENAL CODE § §1278, 1279MAD-CRM-004 [Rev. 04/15/2020]

v. Uniform Residential Appraisal Report 1. This must be obtained from a real estate appraiser licensed by the State of California. 2. This must be dated within one week of the Affidavit of Undertaking. 3. This must establish the current property value.

vi. Preliminary Title Report
1. Available for a fee from a title company.

2. FILING PROCEDURE

a. Deliver Documents to the Division where the case is being heard.
i. The Legal clerk will review the documents to determine that the packet is complete
and correct.
ii. The documents will be forwarded to the judge for approval and signature by the clerk.
iii. Once approved, a certified copy of the Undertaking and the original Deed of Trust
will be returned to the submitting party for recording. NOTE: This does not release
the defendant.

3. RECORDING THE DOCUMENTS

a. The submitting party must take the certified copy of thee Undertaking and the original
Deed of Trust to the County Recorder’s office in the county where the property is located.
i. Any fee charged by the County Recorder’s office must be paid by the submitting
party.
b. Original recorded documents will be mailed by the County Recorder’s office to the
Superior Court address listed on the Deed of Trust.

4. RELEASING THE DEFENDANT

a. The court will order the release of the defendant when one of the following occurs:
i. The submitting party delivers to the Superior Court Division the certified, recorded
copy of the Undertaking and the certified recorded copy of the Deed of Trust (each
with the County Recorder’s instrument number affixed to them).
OR

ii. The Superior Court Division receives in the mail from the County Recorder’s Office
the certified, recorded copy of the Undertaking and the original Deed of Trust (each
with the County Recorder’s instrument number affixed to them).

5. RELEASING THE LIEN

a. The court must order exoneration of the property bond before the lien may be released. b. Documents required: i. Order withdrawing Lien on Real Property Posted as Bail 1. This form is available at Superior Court Criminal Division or online at www.madera.courts.ca.gov. ii. Deed of Full Reconveyance 1. This form is available at Superior Court Criminal Division or online at www.madera.courts.ca.gov. Form Adopted for Optional Use INSTRUCTIONS FOR UNDERTAKING PURSUANT TO Page ２ of 4 Madera Superior Court Local Form PENAL CODE § §1278, 1279MAD-CRM-004 [Rev. 04/15/2020]

MAD-CRM-004

6. FILING PROCEDURE FOR RELEASING THE LIEN

a. Deliver Documents to the Division where the case is being heard.
b. The documents will be referred to a judge to sign the Order Withdrawing the Lien.
c. Once signed, a certified copy of the Order Withdrawing Lien and the original Deed of
Reconveyance will be returned to the submitting party for recording.

7. RECORDING THE DOCUMENTS

a. The submitting party must take the certified copy of the Order Withdrawing the Lien and
the original Deed of Reconveyance to the County Recorder’s office in the county where
the property is located.
i. Any fee charged by the County Recorder’s office must be paid by the submitting
party.
b. Original recorded documents will be mailed by the County Recorder’s office to the
submitting party.

Form Adopted for Optional Use INSTRUCTIONS FOR UNDERTAKING PURSUANT TO Page ３ of 4 Madera Superior Court Local Form PENAL CODE § §1278, 1279MAD-CRM-004 [Rev. 04/15/2020]

MAD-CRM-004

Civil Code of Procedure, § 704.730. Amount of Homestead Exemption

(a) The amount of the homestead’s exemption is one of the following: (1) Fifty thousand dollars ($50,000) unless the judgment debtor or spouse of the judgment debtor who resides in the homestead is a person described in paragraph (2) or (3). (2) Seventy- five thousand dollars ($75,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead a member of the family unit, and there is at least one member of the family unit who owns no interest in the homestead or whose only interest in the homestead is a community property interest with the judgment debtor. (3) One hundred fifty thousand dollars ($150,000) if the judgment debtor or spouse of the judgment debtor who resides in the homestead is at the time of the attempted sale of the homestead any of the following: (A) A person 65 years of age or older. (B) A person physically or mentally disabled and as a result of that disability is unable to engage in substantial gainful employment. There is a rebuttable presumption affecting the burden of proof that a person receiving disability insurance benefit payments under Title II or supplementary security income payments under Title XVI of the federal Social Security Act satisfies the requirements of this paragraph as to his or her inability to engage in substantial gainful employment. (C) A person 55 years or older with a gross annual income of not more than fifteen thousand dollars ($15,000) or, if the judgment debtor is married, a gross annual income, including the gross annual income of the judgment debtor’s spouse, of not more than twenty thousand dollars ($20,000) and the sale is an involuntary sale.

(b) Notwithstanding any other provision of this section, the combined homestead exemptions of spouses on the same judgment shall not exceed the amount specified in paragraph (2) or (3), whichever is applicable, of subdivision (a), regardless of whether the spouses are jointly obligated on the judgment and regardless of whether the homestead consists of community or separate property or both. Notwithstanding any other provision of this article, if both spouses are entitled to a homestead exemption, the exemption of proceeds of the homestead shall be apportioned between the spouses on the basis of their proportionate interests in the homestead.

Form Adopted for Optional Use INSTRUCTIONS FOR UNDERTAKING PURSUANT TO Page ４ of 4 Madera Superior Court Local Form PENAL CODE § §1278, 1279MAD-CRM-004 [Rev. 04/15/2020]