(a) Except as provided in subdivision (b), the effect and priority of an assignment ordered pursuant to this article is governed by Section 955.1 of the Civil Code. For the purpose of priority, an assignee of a right to payment pursuant to this article shall be deemed to be a bona fide assignee for value under the terms of Section 955.1 of the Civil Code.
§ 708.530.Effect and Priority of Order; Assignment of Right to Future Rent
Title 9. Enforcement of Judgments · Division 2 · Chapter 6. Miscellaneous Creditors' Remedies · Article 6. Assignment Order · Last amended 1984 · Last verified July 28, 2026
In one sentenceSection 708.530 gives an assignment ordered under this article the priority rules of Civil Code § 955.1, treating the assignee as a bona fide assignee for value, while an assignment of future rent instead follows the recording priority rules of Civil Code § 1214 because it affects real property.
Full Text of § 708.530
(b) An assignment of the right to future rent ordered under this article is recordable as an instrument affecting real property and the priority of such an assignment is governed by Section 1214 of the Civil Code.
Plain-English Summary
An assignment order does not automatically beat every other claim to the same payment stream; priority depends on rules borrowed from the Civil Code. Subdivision (a) applies Civil Code § 955.1 generally, and for priority purposes treats the creditor who received the assignment as a bona fide assignee for value, the strongest position an assignee can hold under that statute.
Subdivision (b) carves out an exception for future rent, because an assignment of rent affects an interest in real property. Instead of § 955.1, that kind of assignment is recordable as an instrument affecting real property, and its priority against other claims is governed by Civil Code § 1214, the recording-priority statute that generally favors whoever records first without notice of a competing claim.
Frequently Asked Questions
What law governs the priority of most assignment orders under this article?
Civil Code § 955.1, under which the creditor is treated as a bona fide assignee for value.
Does an assignment of future rent follow the same priority rule?
No. Because it affects real property, it is instead recordable and governed by the recording-priority rules of Civil Code § 1214.
Amendment History
Amended by Stats. 1984, Ch. 538, Sec. 32.
Source & verification. Section text is reproduced verbatim from
the Deering's California Codes Annotated / vLex. Enacted by the California Legislature.
Last verified July 28, 2026.
· Official source
Also known as: priority of assignment order californiaassignment of rent priority california