The perfecting of an appeal shall not stay enforcement of the judgment or order in the trial court if the judgment or order appealed from directs the sale, conveyance or delivery of possession of real property which is in the possession or control of the appellant or the party ordered to sell, convey or deliver possession of the property, unless an undertaking in a sum fixed by the trial court is given that the appellant or party ordered to sell, convey or deliver possession of the property will not commit or suffer to be committed any waste thereon and that if the judgment or order appealed from is affirmed, or the appeal is withdrawn or dismissed, the appellant shall pay the damage suffered by the waste and the value of the use and occupancy of the property, or the part of it as to which the judgment or order is affirmed, from the time of the taking of the appeal until the delivery of the possession of the property. If the judgment or order directs the sale of mortgaged real property and the payment of any deficiency, the undertaking shall also provide for the payment of any deficiency.
§ 917.4.Judgment Or Order Directing Sale, Conveyance Or Delivery of Real Property
Title 13. Appeals In Civil Actions · Chapter 2. Stay of Enforcement and Other Proceedings · Last amended 1982 · Last verified July 28, 2026
In one sentenceSection 917.4 requires an undertaking fixed by the trial court, covering waste and the value of lost use or occupancy, before an appeal stays a judgment directing the sale, conveyance, or delivery of possession of real property held by the appellant, with the bond also covering any mortgage-sale deficiency.
Full Text of § 917.4
Plain-English Summary
Real property judgments get their own bond structure, mirroring § 917.2's approach for personal property but tailored to land. If a judgment directs the appellant — or whoever is ordered to act — to sell, convey, or deliver possession of real property currently in that party's possession or control, the appeal doesn't stay enforcement unless an undertaking in a court-fixed sum is given.
The undertaking has to guarantee two things: that the appellant won't commit or allow waste to the property, and that if the judgment is affirmed (or the appeal withdrawn or dismissed), the appellant will pay for any waste that did occur and for the value of using or occupying the property from the time the appeal was taken until possession is finally delivered.
When the judgment orders a mortgage foreclosure sale of real property and a deficiency judgment against the borrower, § 917.4 requires the undertaking to also cover payment of that deficiency — so the bond protects the lender against both waste to the property and any shortfall from the sale.
Frequently Asked Questions
What kinds of judgments does § 917.4 cover?
Judgments directing the sale, conveyance, or delivery of possession of real property that's in the possession or control of the appellant or the party ordered to act.
What must the undertaking under § 917.4 guarantee?
That the appellant won't commit or allow waste to the property, and will pay for any waste and for the value of lost use and occupancy if the judgment is affirmed or the appeal is withdrawn or dismissed.
Does the bond cover a mortgage foreclosure deficiency?
Yes. If the judgment directs sale of mortgaged real property and payment of a deficiency, § 917.4 requires the undertaking to also provide for payment of that deficiency.
Who sets the amount of the undertaking under this section?
The trial court fixes the sum, similar to the discretionary approach used for personal property judgments under § 917.2.
Amendment History
Amended by Stats. 1982, Ch. 517, Sec. 156.
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: ccp 917.4 stay judgment real property appealappeal bond waste real property californiastay conveyance of real property pending appeal