If you’re arrested and need to post bail to get out of jail, you have a few options. If you don’t have enough money for bail or a bond but you own a home, you can use that as collateral to get out of jail. It’s called a property bond. A property bond is a bond that uses a valuable property, such as your home, to post bond instead of cash. Property bonds can be equity in a person’s home, commercial building, or vacation home.
How It Works
When you put your property up for collateral on a bond, the court puts a lien on it in the amount of the bail which prevents the property from being sold while it’s being used for collateral. Not every state allows property bonds and in some circumstances, the property’s value must be twice as high as the amount of the bail.
Some states allow the value of the property to be determined by recent tax documents, a mortgage certificate, a deed, the title history while other states require a court-appointed appraiser to assess the property’s value.
If the property is owned legally by more than one person, all people who appear on tax documents or deed must sign a document agreeing to let the property be used for a bond.
Not all property bonds are approved. First of all, you need to have enough equity built up in the property. You may not be able to use your property as collateral if the home is in an undesirable location where the court would have difficulty selling it if you skipped bail, it probably would be denied.
If There’s Not Enough Equity
There needs to be enough equity in the property to cover the bail if it needs to be sold. There may be a chance that the court will lower the bail amount so the property meets the requirements, but for the most part, you need enough equity. If you don’t have it, you’ll have to try to get a bond another way, like getting a friend or family member to put up money for a surety bond.
What Happens If You Skip Bail
If you don’t show up for your trial or court appearances, the court can foreclose on the property to collect the bail amount that is owed. Because foreclosure sales typically yield much less than the value of the property, there’s a chance the foreclosure sale won’t cover the full amount of the bail, in which case, the court can try to recover the rest from you.
After the Trial
After you show up for your trial or court appearances, no matter what its outcome, the lien on the property will be released by the court. The agreement isn’t that you’re found innocent, it is merely for you to show up in court.
Putting Up Your Property For Someone Else
Using your property to obtain a property bond for someone else can be a big risk. Is that person trustworthy? Will they show up for court? Some people are not trustworthy and some people may simply panic at the last minute. Putting your house on the line can be a big risk and is a decision that should not be made without careful consideration. You could lose your property if you put your trust in the wrong person.
At AAAA Discount Bail Bonds, we can help you through the entire process of obtaining a bond so you can get out of jail quickly. Our expert staff can explain all of your options so you can make the right decision during this difficult time. Call our dedicated staff anytime at (936)539-4444 for a free consultation or if you have any questions.