Information Regarding Property Bonds The following information is intended to assist with the filing of an Application for Real Property Equity Bond with the San Diego Superior Court (Penal Code §§ 1278; 1279; 1280 & 1298). After the documents have been reviewed by the court and the application has been approved, it is the responsibility of the party bringing the application to record the Deed of Trust and Request for Notice with the appropriate County Recorder’s Office and provide proof of that recording to the court. Proof of recording consists of a copy of the documents submitted for recordation, stamped by the Recorder’s Office with confirmation that they were accepted for recording. All documents must be originals and submitted on specified court forms. Note: Equity must be equal to twice the amount of the bail required. 1. Application For Real Property Equity Bond And Declaration of Property Owner(s) (SDSC CRM136) • Must include full legal description of property. • Current market value of property. • List of all encumbrances and liens with supporting documentation. • Amount of equity must be at least twice the amount of the bail. 2. Promissory Note (SDSC CRM-137) • Promissory Note must be notarized. • Note must be made out for the amount of bail. 3. Order Approving Property Bond (SDSC CRM-138) • Fill in only case caption. Leave remainder blank. Additional requirements: 1. Deed of Trust with All Purpose Acknowledgement (Civil Code §1189) • The name of the Trustee is Court Executive Officer of the San Diego Superior Court. • The name of the beneficiary is San Diego County. • Address of the appropriate court division must be on face of Deed with case # in section entitled “and when recorded mail this…deed to” 2. Current appraisal • Must show fair market value dated within 6 months prior to the hearing. • Appraiser must be certified by the State of California Office of Real Estate Appraisers. • The Appraiser’s license number must be on the appraisal. 3. Preliminary Title Report • Must be from a California title company. • Must be dated within 30 days prior to the hearing. • All property taxes must be paid. • A Lot Book Report or Property Profile is not acceptable. SDSC CRM-135(Rev. 3-07) INFORMATION REGARDING PROPERTY BONDS Page 1 of 2 American LegalNet, Inc. www.FormsWorkflow.com 4. Proof of insurance on property (fire) • Fire insurance is required covering the replacement value of any structures or other improvements on the property. This requirement will be waived where the site value is more than ½ of the property value. If the property is a single family dwelling a copy of the declarations page of a homeowner’s policy is acceptable proof of insurance. In the case of a condominium, the declarations page of the policy for the condominium complex will be required. • The County of San Diego must be named as an additional insured on all required policies. 5. Request for Notice (Civil Code §2924b) • Must be notarized. 6. Proof of Personal Service • Personal service of Application and all supporting documentation on the prosecutor and County Counsel at least 48 hours before submission to the court. If the property bond is approved, the Deed of Trust and Request for Notice will be returned to the applicant for recording. Upon submission of proof of recordation, consisting of a copy of the documents submitted for recordation, stamped by the Recorder’s Office with confirmation that they were accepted for recording, an order for the release of the defendant will be prepared and forwarded to the jail. SDSC CRM-135(Rev. 3-07) INFORMATION REGARDING PROPERTY BONDS Page 2 of 2 American LegalNet, Inc. www.FormsWorkflow.com