Let us take a look at the basics of real estate bonds to help those arrested determine whether their use after an arrest is reasonable. The average citizen may have heard of a property bond, but they may not be sure what it is. After the arrest, a deposit is paid in cash. In some situations, property can be used as a deposit instead of cash. For example, if you do not have enough cash to meet the deposit requirement, or if you have property of significant value, use a place of cash instead.

A real estate bond gives the court the assurance that the person will appear in court at the agreed time and that justice will be done. The use of a real estate bond for deposit purposes means that it guarantees that the suspect will pledge equity to the property or the state in which he or she is located. For example, a private home, a business or other commercial building or a holiday home can be used as a real estate loan. If the property is not considered a loan, it must be at least 1.5 times the deposit.

The court receives a lien on the land used for the real estate loan. The lien determines the deposit amount. If the arrested person does not appear in court, the bail will be used and his property rights will be lost to the court.

The property is then foreclosed on. Foreclosure occurs when the court collects the deposit owed. If the foreclosure does not result in the dollar amount covering the cost of the deposit secured by the property, the defendant is on the hook to make up the difference.

There is a possibility that a real estate bond will be rejected due to market conditions. If the property to be used as a loan is located in an area with low market value or in an area with minimal demand for example, the court may refuse the loan and use the property instead, or it may prove difficult to sell the property if the arrested person does not return within the specified date or time.

Special rules relating to your jurisdiction may provide additional details and nuances for property bonds. The value of the property must be verified by a court-appointed appraiser, either through appraisal or through written documentation indicating the value of the property. Examples of such formalities include a document, the ownership history, tax records, a mortgage declaration, a certificate of carriage and a list of existing lien holders.

In most cases, the equity must be at least 1.5 to 2 times the deposit for the property to be accepted as a real estate loan. It should also be noted that some jurisdictions will not accept property bonds after release from prison. The property must be an equity in one’s own home or a home that can be used as a leisure building or for business purposes.

Our Deposit Agents can assist you with your real estate loan. We can help you navigate the process, complete the paperwork and regain your freedom.

This happens after a court hearing, when the lien on the property is released and the suspect appears in court. If there is a lien against the property, it is released by the court and the proceedings are discontinued. This means that it is imperative that anyone using a real estate bond from prison shows up on time for their court hearing, no matter what.