Law Forum : Would You Put Your Home Up For Bail / Bond

Destee

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Peace and Blessings Family,

We've all heard tell of folk putting their house up, for someone else's bond or bail.

I've never done this, but have wondered, how does it really work.

Let's say i put my house up for someone, under what circumstance do i lose my house?

Do i lose my house if they are convicted of the crime?

Do i lose my house if they flee?

What if they flee, are found by the bondsman or police, do i get to keep my house?

I'm sure the system has obtained many a piece of property this way.

Would you put your house up for someone's bond or bail?

Does anyone know how it really works?

:heart:

Destee
 

cherryblossom

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A BAIL BOND is a financial guarantee that a defendant will show up for a court appearance or trial.

The court sets the amount of Bail. Then, a Bail Bondsman puts up the money for the Bail and charges usually about 10% of the Bail amount for this service. If a Bail is set at, say, $250,000, then $25,000 (plus other fees) is what they charge the person buying the Bail.

A Bonding company is in business to MAKE money, not lose it. So, someone may be asked to put their house up for insurance IF they think the defendant won't appear for court. If the Bonding Company has to pay the Court, it will want its money BACK. So, You'll have to sign a "deed of trust" naming the Bonding Company as "beneficiary."

That "trust deed" will be recorded with the County Reporter as a lien against your property.

If the defendant does NOT appear for court and the Bonding Company has to pay up, YOUR HOUSE will be placed in Foreclosure and sold at Public Auction to recoup/recover their money.

If the defendant DOES show up for court, then at the end of the trial or court appearances, ask the defendant's attorney to ask the COURT to "release" the Bond and ask the Bonding company what other documents are needed to release the lien against your property. (ALSO MAKE SURE YOU'VE PAID THE BONDING COMPANY ALL FEES AND INTEREST ACCRUED.)

Get a CERTIFIED copy of the Court Order which releases the Bond, send a copy of it and whatever other documents with a letter to the Bonding Company requesting that they release the lien.

The Bonding Company has 30 days after the Bond is released to release the lien on your property.

Once the Bonding Company has released the lien, have it recorded with the County Recorder.
 

Destee

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OMG ... Thank You Sister CherryBlossom !!!! :toast: :toast: :toast:

I bet folk have done this, without even knowing what to do after, or before, or even what they were getting theirselves into!

Whew!

Okay ... Thank You Very Much!

:heart:

Destee
 

cherryblossom

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And even if the defendant appears for Court, if YOU still owe the Bonding Company money for fees and interest, they get to keep the lien on your property.

Like I said, they're in business to MAKE money, not lose it.

Personally, I would never put my home up for a Bond.

Do you remember the book/movie, "The Women Of Brewster Place" by Gloria Naylor? That's how the mother character "Mattie" ended up in the Projects. She put her house up for her son, Basil, and he ran off. So, she lost her house.

And, sadly, people lose their homes like everyday in real life. They have no idea what it entails and how easily they can lose everything they've worked and sacrificed for their whole lives.
 

Destee

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Yes Sister ... i do remember Brewster's Place, and that part of the movie! It's amazing i even saw it, cause it's not often someone can mention a movie, and i say i've seen it ... but i surely saw that one! You're right, he ran, and she lost her home!

Ya know, it's usually Momma's putting their houses up for their Sons. I am just thankful that my Son has never put me in this position. I think i'd do it for him. I'd probably do most anything for my children, trying to keep them out of prison or something. Which is why i've always told him, please please please, don't do anything that's gonna make Momma (me) hafta go krazee ... oh my gosh. I've told him i can take most anything, except him dying or going to prison. Please don't give me those things, and i can handle all the rest.

No, i've not had to do it ... but i probably would ... :bye:

I bet too, if someone was faced with such, it would have to be a very chaotic, and fast paced situation. Decisions having to be made quick, fast, and in a hurry! The perfect environment for making mistakes, not crossing T's and dotting I's. Making it all the more important to know before-hand, what's up.

Thanks For Sharing!

:heart:

Destee
 

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