When Life Gives You Lemons — Call an Attorney

If someone in your family has recently been arrested, you need to know various ways to post a bond for them to be released from jail. One of the methods to consider is the option of posting a property bond. Be aware, this is not always a fool-proof method. There are times a property bond is not accepted. Understanding how a property bond works and why it may not work will help you decide if this is the best method for you.

What Is a Property Bond?

A property bond is a secured bond that allows you to use the value of tangible property to meet the financial requirements, or bond, set by the court to have your loved one temporarily released while awaiting trial. Several types of property can be used to secure the bond. These include but are not limited to:

• Personal Residences
• Vacation Homes
• Business Properties

For a property to be used to secure a bond, all legal owners of the property must give consent for the property to be used as the bond. For example, if your personal residence is in your and your spouse's name, you both must sign off on using the property for the bond.

Why Will Your Property Not Be Accepted?

In many jurisdictions, it is actually at the discretion of the magistrate or the clerk of the court whether or not a certain property is allowed to be posted to secure a bond. A good bail bonds agency can help you understand what properties may be accepted, but unfortunately, there are still times that your property may not fully qualify.

1. Your property does not have enough value - In order for your property to be used to secure a bond, it must have unencumbered equity that exceeds the cost of the bond. For example, while mortgaged properties are accepted, the value of the property must exceed the amount of the mortgage. Depending on your location, the unencumbered value may be required to be 150 to 200 percent of the bond.

2. Your property is not in the correct jurisdiction - Many courts will require the property to be in the county where the bond is being posted. Other courts will require the property to be within the state. If your property, such as your vacation home is in another state, you may not be able to use it as collateral.

3. You don't have appropriate documentation - Numerous documents may be required in order to prove ownership and the value of any property you are attempting to use with a bail bondsman. Failure to be able to produce these documents could result in your property being rejected.

Using personal property to secure a bond can come with several high risks. If the person you are posting the bond for fails to report to court, you run the risk of losing your property. A bail bonds agency may be able to offer you other options.

Reach out to a local bail bonds agency to learn more.