The first thought that comes to mind when people face unexpected arrests is: How will I be able to afford the bail money? Truth be told, bail bonds can be expensive, and they can make it tough for you to get released ahead of your trial in court. So, at King Stahlman Bail Bonds, we appreciate that it can be stressful when you feel there is no way out. We are an experienced bondsman agency with over 50 years serving the population of San Diego and the surrounding areas. Believe us when we say that there may be a way around unaffordable bail amounts. We want to talk about property bail bonds in San Diego.
Imagine turning your real estate property into the key to your freedom. While we appreciate that this may be a delicate decision to take, in those critical moments, King Stahlman is here to help you and provide the clarity you need to organise your prompt release from jail. We are committed to acting as your guide, ensuring you fully understand the pros and cons of property bail bonds and can make an informed decision. We’re proud to be a Better Business Bureau accredited company with an A+ rating, a testimony of our commitment to providing excellent services to all our clients in San Diego.
What Are Property Bail Bonds?
You can pay bail bonds in different ways depending on the amount of the bail and how accessible financial means are to you. Some individuals choose to pay cash as cash bail bonds present numerous advantages. For others, when paying cash is not an option, paying a percentage of the bail amount upfront via surety bail bonds can be a better solution.
Yet, what if neither cash nor surety bail bonds are suitable for your situation? California law allows you to use real estate properties as bail collateral, At this point, it is important to remember that bail bonds are not designed to cancel the criminal charges against you. They only allow you to be released from jail so you can prepare for your court hearings. As such, property bail bonds hold real estate collateral to ensure your presence at the court’s trial dates.
As a rule of thumb, the individual using property bail bonds in San Diego or anywhere else in California must possess equity equal to twice the bail amount. In the event that you do not appear in court at your trial date, the property used as collateral becomes subject to forfeiture, In California, the process of forfeiture is completed in 180 days.
The Process for Posting Property Bail Bonds in San Diego
Posting property bail bonds involves a court hearing during which the judge will assess the property ownership and its value. All individuals who are listed on the property deed must attend the hearing in order for the property to be accepted as bond. An official request for a property bond hearing is made through the Clerk of Court’s Office.
You will need essential documentation for the court hearing. This is designed to help the judge’s assessment. We recommend sorting out the necessary documentation ahead of the hearing:
- Original or certified copy of the property deed
- Death certificate if a property owner is deceased
- Current lot book guarantee or preliminary title report
- History of title liens against the property
- Current tax appraisal for the property
- Balance of all loans against the property
- Affidavit/Understanding of the justification for bail
- Original Homestead Deed, if necessary
Advantages of Property Bail Bonds in San Diego
What makes property bail bonds special? They are a unique option for those facing unsurmountable financial constraints. More often than not, it is best to be released so you can prepare for your trial, which is where property bail bonds come into play when you have no financial options available:
- Asset utilization: Property bail bonds enable you to leverage your existing real estate holdings as collateral. This provides a practical solution when neither cash nor surety bail bonds are suitable options.
- Equity flexibility: While there is a requirement for equity to meet a certain value, property bonds can offer more flexibility than other collateral options. So, this is a suitable avenue for those who own substantial property assets.
- Accessible alternative: Financial resources can come in many forms and shapes, and being able to use your property for bail bonds can help many individuals secure their release from jail.
- Financial relief: It can be tricky to have to pay any amount of money for bail release. Using property bail bonds in San Diego can alleviate the financial burden of securing access to money.
- Involving a support system: As property bond hearings typically involve family members, this also enables you to benefit from a support system that will help you fulfill your court obligations.
Considerations of Property Bail Bonds in San Diego
Given the time involved in the processing of property bail bonds and their complexity, many individuals will typically choose against this option. We, at King Stahlman, can help you make it happen and secure your release on bail.
It is important to understand the potential risks of property bail bonds so you can avoid them:
- Forfeiture risk: One of the key considerations with property bail bonds is the risk of forfeiture if you fail to appear in court. This could lead to a loss for the property owner(s).
- Complex process: Posting a property bond is a complex legal process, which is why you want to approach it with an expert, such as King Stahlman Bail Bonds. This will ensure you can secure all the necessary documentation ahead of the process.
- Time-consuming: Property bail bonds can take more time to process than surety bail bonds. So, it is important to keep this in mind if you seek a swift release.
- Legal hearing requirements: Property hearings are essential to determine the ownership and value of your property and ,therefore, accept property bail bonds. So, this requires the involvement of everyone mentioned on the property deed.
In the event you or a loved one does not have sufficient cash for a cash or surety bail bond, the California law allows real estate holdings to be used to guarantee the accused will appear at their hearings and trial dates.
The person who owns the property and is posting bond must have equity equal to twice the bail amount. In addition, the property owner needs to keep in mind that if the accused does not appear in court, the property will be forfeited.
The Process for Posting a Property Bond
When posting a property bond in lieu of monetary bail bonds, the court will hold a hearing so a judge can determine who owns the property and the value of the property. It is essential that all persons listed on the property deed attend the hearing; otherwise, the property will not be accepted as bond. You must request the hearing through the Clerk of Court’s Office.
One the day of the court hearing, you must bring the following documentation:
- Original or certified copy of the deed for the property.
- If one of the property owners is deceased, a death certificate must be submitted to the court of the person is still listed on the deed.
- Current lot book guarantee, or a preliminary title report obtained within the last 10 days.
- History of title liens against the property for the title company.
- Current tax appraisal for the property.
- Balance of all loans against the property.
- Affidavit /Understanding of the justification for bail.
- Original Homestead Deed, if necessary.
If you would prefer to explore other bail bond options, we can also help you with:
Immigration Bonds
We specialize in “emergency crisis management” for your KING-SIZED problems and we are known for being trustworthy, discrete, affordable and fast-acting. As we like to say, “It’s better to know me and not need me, than to need me and not know me,” so don’t hesitate to call King Stahlman Bail Bonds in San Diego 24 hours a day, seven days a week.