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California ons) 4 the state of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. NOTARY SIGNATURE NOTARY SEAL (Name of Notary) Declaration of Homestead ­Single (Instructiat by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of actory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and thf __________________ } ss. On ____________ before me, _________________________________________, personally appeared _________________________________________ who proved to me on the basis of satisf 4. The facts stated in this homestead declaration are known to be true as of my own personal knowledge. Dated_________________ Signed__________________________________ State of California County oon): 2. I claim this property and the dwelling thereon as a homestead. 3. This property is my principal dwelling, and I reside in this property on the date that the homestead declaration is recorded.________, in the City of ______________________, and County of _________________________________________, State of California, and more particularly described as follows (give complete legal descripti________, do hereby certify and declare the following: 1. That I am the owner of the following property located at the address of ______________________________________________________________________me _____________________________________________ Address _____________________________________________ City State and Zip ) ) ) ) ) ) ) ) ) ) ) HOMESTEAD DECLARATION I, _____________________________clerk to return a copy of the recorded Declaration. Declaration of Homestead ­Single (Instructions) 2 Recording Request By and When Recorded Mail To _____________________________________________ Na contact your County Recorder. You can find its address and telephone number in your local telephone directory. One Self-Addressed Stamped Envelopes. You will need this because you will be asking the to include the following items: Forms. The original and a copy of the Declaration Fees. You will need to include a check for the recording fee. To get the specific amount of the recording fee you canng what you have included and what you need done. You will want the clerk to record the Declaration and mail back it back to you (in the self-addressed stamped envelope you've enclosed). You will needu can find its address and telephone number in you local telephone directory. · Mail ­If you choose to mail your Declaration to the County Recorder you will need to begin with a cover letter explainihelp you from here. Fees. You will need to pay the clerk the amount of the recording fee, probably around $10. To get the specific amount of the recording fee you can contact your County Recorder. Yo will need to bring in the original and two copies (just to be safe) of your completed and notarized Declaration. You will tell the clerk you want to record a Declaration of Homestead. The clerk will rd the Declaration in person or by mail. In Person ­Recording your Declaration in person will be quicker because you won't have to wait for delivery. You can take the form to your County Recorder. You). Step 4: Copies. You should make at least two copies of your completed forms in case additional copies are required by the court and for your personal records. Step 5: Recording. You can either recoement. Take the form to a Notary Public, you can find one in your telephone directory or at local bank. Take personal identification with you (e.g. social security card, driver license, passport, etc.rized, so wait to sign it until you are in front of the notary. Notarization. Don't bother filling this in, it will be completed by the notary. B. RECORDING THE DECLARATION Step 3: Notary Acknowledgription can be taken off the deed to the property. If you do not have this description, the court will often accept the complete address alone. Signature and Date. You will need to have this form notaright hand corner, insert the address you would like the Declaration mailed to once it is recorded. Legal Description. You are asked to give a legal description of the dwelling. Don't panic, this desc the form carefully. Step 2: Completing the form. Insert the appropriate information in the form. Below are additional instructions for the trickier sections of the form: Return Address. In the upper FORNIA DECLARATION OF HOMESTEAD--SINGLE A. GETTING STARTED ­ COMPLETING THE FORMS Step 1: Read the Instructions Carefully. You need to read these instructions as well as the instructions contained inor otherwise) arising in any way out of the use of these materials. An attorney should be consulted for all serious legal matters. Declaration of Homestead ­Single (Information) 2 INSTRUCTIONS CALIstitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including negligence , Inc, its agents, partners or affiliates be responsible or liable for any direct, indirect, incidental, special, exemplary, or consequential damages (including, but not limited to, procurement of subxpress or implied warranties of merchantability, suitability or completeness of any of the materials for your particular needs. The materials are used at your own risk. In no event will FindLegalFormst provide legal advice. The purchase and use of these materials is subject to the "Disclaimers and Terms of Use" found at findlegalforms.com. These materials are provided "AS-IS." We do not give any eay reject forms that are difficult to read or they may input the information incorrectly. Disclaimer No Attorney-Client relationship is created by use of these materials. FindLegalForms, Inc. does noe appropriate spaces or you can fill them out manually. If you are filling out the forms manually and are not using a typewriter, use black ink and print as legibly and neatly as possible. The court m contains: (i) Information for the Declaration; (ii) Instructions for the Declaration; and (iii) The Declaration You can fill out the forms on the computer by entering the requested information in thYou must reside in the dwelling at the time of the recording; (iv) A resident of the state of California; and (v) A resident of the county where you will record the Declaration. Materials This packetctions 704.710-704.995 of the California Code of Civil Procedure. Requirements To use this packet you must be: (i) The owner of a dwelling (e.g. house, condo, etc.), not a renter; (ii) Single; (iii) s not protect you from: (i) loans or debts secured by the dwelling, (ii) liens by contractors who put labor and materials into the dwelling, or (iii) tax liens. For more information you should read se protect proceeds of the sale exempted by the homestead from creditors for six months after the house is sold, even if the house was voluntarily sold by the homeowner. Please note: the Declaration doeocated. The amount of the exemption does not change or increase when a homestead declaration is recorded, but it offers extra protection because it's not automatically lost when you move. It will alsogning or recording of any documents. The homeowner can have a declared homestead exemption as well by recording a homestead declaration form with the County Recorder in the county where the house is lestead exemption--one is automatic and the other is declared. Every homeowner has an automatic homestead exemption of at least $50,000 for his or her residence. This protection does not require the si your home if there is a surplus over the exemption amount plus other liens and encumbrances (e.g. if your house is worth more than your mortgage and the homestead exemption). There are 2 kinds of homcted from your creditors. If your home is worth $175,000 and you have a mortgage of $75,000, your entire equity in the house ($100,000) is protected. But creditors may still be able to force a sale ofas the owner, with a minimum of $50,000. For example, if you are over the age of 65, you will receive $150,000 worth of protection. This means that the equity in your home up to $150,000 will be proteld. The homestead law protects a certain amount of your equity in your home from being taken to pay the judgment. The amount of the protection you will receive varies depending on your classification ued you will receive a judgment from the court. If you do not pay the judgment, they can then try to collect the judgment by garnishing your wages, having your automobile sold or by having you home soINFORMATION CALIFORNIA DECLARATION OF HOMESTEAD--SINGLE Overview A homestead law helps to protect you from losing your home to creditors. If you are sued for money in court and lose, the person who s California