California Civil Code. California

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      NOTICE OF INTENT TO PRESERVE INTEREST

      This notice is intended to preserve an interest in real property from extinguishment pursuant to Title 5 (commencing with Section 880.020) of Part 2 of Division 2 of the Civil Code (Marketable Record Title).

      Claimant Name:

      Mailing

      address:

      (must be given for each

      claimant)

      Interest Character (e.g., power of

      termination):

      Record location of document

      creating or evidencing

      interest in claimant:

      Real Property Legal description (may be same

      as in recorded document

      creating or evidencing

      interest in claimant):

      I assert under penalty of perjury that this notice is not recorded for the purpose of slandering title to real property and I am informed and believe that the information contained in this notice is true. If this notice is made on behalf of a claimant, I assert under penalty of perjury that I am authorized to act on behalf of the claimant.

      Signed: _________________ Date: _________________

      (claimant)

      _________________

      (person acting

      on behalf

      of claimant)

      Certificate of acknowledgment required.

      (Amended by Stats. 2012, Ch. 94, Sec. 1. Effective January 1, 2013.)

      880.350. (a) A notice of intent to preserve an interest in real property shall be recorded in the county in which the real property is situated.

      (b) The county recorder shall index a notice of intent to preserve an interest in real property in the index of grantors and grantees. The index entry shall be for the grantor, and for the purpose of this index, the claimant under the notice shall be deemed to be the grantor. If a notice of intent to preserve is recorded by or on behalf of more than one claimant, each claimant shall be deemed to be a grantor and a separate index entry shall be made for each claimant.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      880.360. A person shall not record a notice of intent to preserve an interest in real property for the purpose of slandering title to the real property. If the court in an action or proceeding to establish or quiet title determines that a person recorded a notice of intent to preserve an interest for the purpose of slandering title, the court shall award against the person the cost of the action or proceeding, including a reasonable attorney’s fee, and the damages caused by the recording.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      880.370. If the period prescribed by statute during which a notice of intent to preserve an interest in real property must be recorded expires before, on, or within five years after the operative date of the statute, the period is extended until five years after the operative date of the statute.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      CHAPTER 2. Ancient Mortgages and Deeds of Trust [882.020 — 882.040]

      (Chapter 2 added by Stats. 1982, Ch. 1268, Sec. 1.)

      882.020. (a) Unless the lien of a mortgage, deed of trust, or other instrument that creates a security interest of record in real property to secure a debt or other obligation has earlier expired pursuant to Section 2911, the lien expires at, and is not enforceable by action for foreclosure commenced, power of sale exercised, or any other means asserted after, the later of the following times:

      (1) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is ascertainable from the recorded evidence of indebtedness, 10 years after that date.

      (2) If the final maturity date or the last date fixed for payment of the debt or performance of the obligation is not ascertainable from the recorded evidence of indebtedness, or if there is no final maturity date or last date fixed for payment of the debt or performance of the obligation, 60 years after the date the instrument that created the security interest was recorded.

      (3) If a notice of intent to preserve the security interest is recorded within the time prescribed in paragraph (1) or (2), 10 years after the date the notice is recorded.

      (b) For the purpose of this section, a power of sale is deemed to be exercised upon recordation of the deed executed pursuant to the power of sale.

      (c) The times prescribed in this section may be extended in the same manner and to the same extent as a waiver made pursuant to Section 360.5 of the Code of Civil Procedure, except that an instrument is effective to extend the prescribed times only if it is recorded before expiration of the prescribed times.

      (Amended by Stats. 2006, Ch. 575, Sec. 1. Effective January 1, 2007.)

      882.030. Expiration of the lien of a mortgage, deed of trust, or other security interest pursuant to this chapter or any other statute renders the lien unenforceable by any means commenced or asserted thereafter and is equivalent for all purposes to a certificate of satisfaction, reconveyance, release, or other discharge of the security interest, and execution and recording of a certificate of satisfaction, reconveyance, release, or other discharge is not necessary to terminate or evidence the termination of the security interest. Nothing in this section precludes execution and recording at any time of a certificate of satisfaction, reconveyance, release, or other discharge.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      882.040. (a) Subject to Section 880.370 (grace period for recording notice) and except as otherwise provided in this section, this chapter applies on the operative date to all mortgages, deeds of trust, and other instruments that create a security interest in real property to secure a debt or other obligation, whether executed or recorded before, on, or after the operative date.

      (b) This chapter shall not cause the lien of a mortgage, deed of trust, or other security interest in real property to expire or become unenforceable before the passage of five years after the operative date of this chapter.

      (Added by Stats. 1982, Ch. 1268, Sec. 1.)

      CHAPTER 3. Mineral Rights [883.110 — 883.270]

      (Chapter 3 added by Stats. 1984, Ch. 240, Sec. 2.)

      ARTICLE 1. General Provisions [883.110 — 883.140]

      (Article 1 added by Stats. 1984, Ch. 240, Sec. 2.)

      883.110. As used in this chapter, “mineral right” means an interest in minerals, regardless of character, whether fugacious or nonfugacious, СКАЧАТЬ