SECTIONS 996.510-996.560 - California Statutes

CODE OF CIVIL PROCEDURE

SECTION 996.510-996.560

996.510. This article applies to proceedings for the benefit of the
state to enforce the liability on a bond executed to, in favor of,
or payable to the state or the people of the state, including but not
limited to an official bond.

996.520. The person enforcing the liability may file with the court
in the proceedings an affidavit stating the following:
(a) The bond was executed by the defendant or one or more of the
defendants (designating whom).
(b) The bond is one to which this article applies.
(c) The defendant or defendants have real property or an interest
in real property (designating the county or counties in which the
real property is situated).
(d) The liability is being enforced for the benefit of the state.

996.530. The clerk receiving the affidavit shall certify to the
recorder of the county in which the real property is situated all of
the following:
(a) The names of the parties.
(b) The court in which the proceedings are pending.
(c) The amount claimed.
(d) The date of commencement of the proceedings.

996.540. (a) Upon receiving the certificate the county recorder
shall endorse upon it the time of its receipt.
(b) The certificate shall be filed and recorded in the same manner
as notice of the pendency of an action affecting real property.

996.550. (a) Any judgment recovered is a lien upon all real
property belonging to the defendant situated in any county in which
the certificate is filed, from the filing of the certificate.
(b) The lien is for the amount for which the owner of the real
property is liable upon the judgment.

996.560. If an agreement to sell real property affected by the lien
created by the filing of a certificate was made before the filing of
the certificate and the purchase price under the agreement was not
due until after the filing of the certificate, and the purchaser is
otherwise entitled to specific performance of the agreement:
(a) The court in an action to compel specific performance of the
agreement shall order the purchaser to pay the purchase price, or so
much of the purchase price as may be due, to the State Treasurer, and
to take the State Treasurer's receipt for payment.
(b) Upon payment, the purchaser is entitled to enforcement of
specific performance of the agreement. The purchaser takes the real
property free from the lien created by the filing of the certificate.
(c) The State Treasurer shall hold the payment pending the
proceedings referred to in the certificate. The payment is subject to
the lien created by the filing of the certificate.