Cal. Code Regs. tit. 25 § 5593

Current through Register 2024 Notice Reg. No. 36, September 6, 2024

Section 5593 - How to Report a Unit Acquired Through a Court Judgment

(a) Within 20 calendar days after acquiring a unit as a result of a court judgment, the acquiring party shall submit an application for registration to the department which shall include:

(1) A certified copy of the filed judgment or court order which directs the disposition of the unit.

(A) If the court judgment does not contain a complete description of the unit, the application shall include a statement signed under penalty of perjury by the applicant which includes:

1. the unit identifying information.

2. that the unit awarded in the court order is the unit described in the application submitted to the department.

(2) The titling document, with a release signed by each party or entity recorded on the permanent title who is not a party to the judgment.

(3) The last-issued registered owner's registration card, if available.

(4) Tax clearance certificate or conditional tax clearance certificate as required by section 5547.1.

(5) Payment of:

(A) the Transfer Fee specified in subsection 5660(b);

(B) the Transfer Penalty Fee, if required, specified in subsection 5660(c);

(C) the Lien Registration Service Fee specified in subsection 5660(m) for each lienholder added, deleted, or changed; and

(D) the Manufactured Home Recovery Fund Fee as specified in subsection 5660(s);

(E) all fees and penalties due and payable pursuant to Sections 18114, 18114.1, 18115, and 18116 of the Health and Safety Code.

(b) At least 61 calendar days after the judgment was filed, the applicant shall submit:

(1) a certification by the clerk of the court, dated at least 61 calendar days after the date judgment was filed, which states that no appeal from the judgment has been filed, and that the time for filing an appeal has now elapsed; or

(2) a statement signed under penalty of perjury by the applicant, executed at least 61 days after the date the judgment was filed, which includes:

(A) the unit identifying information; and

(B) that no appeal from the judgment has been filed or motion for new trial has been granted.

Cal. Code Regs. Tit. 25, § 5593

1. New section filed 12-31-97; operative 1-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 1).
2. New subsection (a)(5)(D), relettering and amendment of former subsection (a)(5)(D) to new subsection (a)(5)(E), and incorporation and amendment of former subsections (a)(5)(D)1.-5. into new subsection (a)(5)(E) filed 4-1-98; operative 4-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 14).

Note: Authority cited: Sections 18015 and 18075, Health and Safety Code. Reference: Sections 18100.5(d), 18070.1(c), 18114, 18114.1, 18115 and 18116, Health and Safety Code.