What is a Property Bond in California?

A property bond in California allows a defendant to use real estate as collateral to secure their release from custody while awaiting trial. This process involves pledging property to ensure the defendant's appearance in court.

Understanding Property Bonds Compared to Other Types of Bonds

• Cash Bonds: The defendant pays the full bail amount in cash to the court. This amount is typically refunded upon fulfilling all court appearances.
• Surety Bonds: A bail bond company posts bail on behalf of the defendant in exchange for a non-refundable fee, usually a percentage of the total bail amount.
• Property Bonds: The defendant or their family members provide property to serve as collateral and secure their release. The property must be worth at least twice the bail amount to be considered viable for a property bond.

Property Bond Requirements in California

• The property being issued as collateral must be within the jurisdiction where the trial is happening.
• The defendant or their representative must prove legal ownership of the property.
• The property should not have any outstanding mortgages or liens attached to its ownership.
• The property used as collateral should be at least twice the bail amount for it to be considered viable for the property bond.
• If the property is owned by multiple people, all co-owners should provide their consent to use the property as collateral.
• The court must conduct its own valuation to determine the value of the property and if it qualifies to be collateral for the bond.
• The property owner is required to sign a written bond agreement with the court, outlining the terms and conditions of the property bond.

How to Secure a Property Bond

1. Eligibility Assessment: The legal representative of the defendant must determine if the property at hand meets the eligibility criteria for property bonds, including proof of ownership and equity.
2. Property Evaluation: The court conducts its own evaluation to prove the eligibility of the property presented, ensuring it has sufficient equity and is within the jurisdiction.
3. Property Bond Application: The defendant and their attorney gather all required documentation, such as the deed of the property, property appraisal, and mortgage statements, to support the application.
4. Court Approval: The court reviews the documents and determines if the property is eligible. If approved, the court accepts the property as collateral.
5. Bond Agreement: Once the court approves the property, the property owner(s) sign a bond agreement outlining the terms and conditions.
6. Property Lien: The court places a lien on the property, ensuring it remains collateral until the trial concludes, and all fines, if any, are settled.
7. Release on Bail: After the lien is placed, the court orders the release of the defendant from custody.
8. Compliance with Court Proceedings and Regulations: The defendant must attend all court proceedings and adhere to the bond agreement's conditions.
9. Property Bond Resolution: Once the trial concludes and all conditions are met, the lien is lifted, and property ownership rights are fully restored.

Engaging with a licensed bail bond company can provide expert guidance and assist in gathering the necessary documents and property evaluation, ensuring a smoother property bond process.