If you’ve been arrested in California, and you don’t have large amounts of cash sitting around, developing a plan to make bail should be priority number one. An experienced bail bond agency can help you explore all the options available so that you’re a step ahead of the game after bail is set at your arraignment. Taking this step minimizes the likelihood that you’ll have to spend any time at all behind bars. If you’re short on cash, but have substantial equity in your home, obtaining a property bond directly from the court might seem like a good idea at first glance, but it’s a complicated process that usually takes at least several weeks from start to finish. That’s why it makes much more sense to use your property to secure a bail bond with an experienced Santa Ana property bond agency that can get released much more quickly - sometimes in just a matter of hours. Mr. Nice Guy Bail Bonds is Santa Ana’s most highly respected bail bond agency - call 844-400-2245 and get out of jail as quickly as possible.
Methods For Posting Bail In California
The California Penal Code provides three ways to post the bail amount that’s been set by a judge at your arraignment:
- California Penal Code - Section 1269 - Cash
- California Penal Code - Section 1276 - Bail Bond
- California Penal Code - Section 1276.5 - Property Bond
Paying cash is obviously the quickest and easiest way to bail yourself out, but with the bail amounts in California averaging over $10,000 and often going into six figures, defendants able to do this are few and far between. After cash, bail bonds are the fastest and easiest way to bail yourself out, but you’ll still need to put up about 10% of the total bail amount in some form in order to purchase a bond. The best bail bond agencies in California offer a wide variety of payment options, including:
- Credit/Debit Cards (Visa, Mastercard, American Express & Discover)
- Litecoin or other cryptocurrency
If you don’t have enough cash, credit or cryptocurrency to pay for a bail bond, there are other options available including collateral and employment based payment plans. The best Santa Ana bail bond agencies will bend over backwards to help you find a way to pay for or finance your bail bond so that you can get out of jail as soon as possible. There is often confusion over the difference between a using property as collateral to secure a bail bond and a property bond directly through the court. The court does not charge a fee for issuing a property bond under Section 1276.5, but during this time consuming and drawn out process, you could be sitting in a jail cell. In addition, there are costs associated with the required procedures to obtain a property bond through the court. When you use your property as collateral to secure a bail bond, you can be released quickly, sometimes in just a few hours.
How Do I Post A Property Bond in Orange County?
The Superior Court of California, County of Orange, requires that their rules be followed precisely by criminal defendants that post a property bond to be released. The California Penal Code sets forth the procedures required for posting a property bond, beginning with an Affidavit for Undertaking that must be notarized and filed with the court. It’s important to remember that any errors or omissions on the form will cause it to be bounced, requiring the process to begin again - and you will not be released until the process is completed. If you don’t know how to obtain the right documents or how to ensure that they are in legally admissible form, your property bond request can be substantially delayed and you will only be successful if the property meets the equity standards under the statute. Using your property to secure a bail bond is a much simpler process - the bail bond agency will investigate the equity in your property informally and combine collateral from friends, family and personal property to achieve a collateral level that can get your release as soon as possible, usually the same day. Mr. Nice Guy Bail Bonds is Santa Ana’s most trusted bail bond agency, known for going the extra mile to get you released as quickly as possible.
Commencing the Property Bond Process
Securing a bail bond directly through the court is a long and drawn out process. It starts with an interview with a Pretrial Service Officer to determine eligibility for release on a property bond. The bond can use your property as collateral as well as the property of your family and friends. The judge must ensure that anybody that is using their property as collateral fully understands that if you fail to show up in court, they could lose their property. Some judges require that this be done on the record in open court to avoid any misunderstandings later should the property need to be auctioned and sold by the court. Depending on the judge’s calendar, this requirement itself can substantially delay your release. When you use your property to secure a bail bond through a reputable bail bond agency in Orange County, you can avoid these cumbersome procedures, drastically shortening the timetable from request to release. Mr. Nice Guy Bail Bonds is a full service Santa Ana bail bond agency that’s open 24/7 and can help you secure a property bond at record speed. Call 844-400-2245 to get started.
The Equity Requirement For A Property Bond in Orange County
In order to obtain a property bond to secure release on bail in Orange County, California, the value of the equity in the property you own must be twice the value of the bail amount. Equity is not the same thing as the value of the property - it’s only the paid off portion of the property. For example, if your house is worth $500,000 and you have an unpaid mortgage balance of $400,000, your equity in the house is $100,000. This would be enough equity for a bail amount of $50,000 as the amount of equity must be twice the bail amount required for your release. If your bail amount was $60,000, you would not be eligible for a property bond on your own. You can increase the amount of collateral by including property owned by friends and relatives until the required bail amount is met. Once you know how much equity is available, proving it satisfactorily to the court is no simple task. That’s why some criminal defendants pay their criminal attorneys to handle the paperwork necessary to obtain a property bond directly from the court, but this is not the most efficient way and economical way to proceed, as criminal attorneys in Orange County charge $300 or more an hour and they usually don’t have a great deal of experience with the procedures required to obtain property bonds. That’s why it’s so much more cost effective to work with a bail bond agency that can informally use your property as collateral to secure a bail bond - plus you’ll be released much more quickly. Call Mr. Nice Guy Bail Bonds at 844-400-2245 and get out of jail ASAP.
Required Documentation for California Property Bond Release
In order to secure a release based on a property bond, you must provide some or all the documentation listed below in an appropriate form for each and every property that’s being considered as collateral for a property bond:
- Conditions of Release Form must be obtained from CM/DCF Pacer or the Pretrial officer;
- A recent title search report from a title company that’s licensed in the state of California;
- A recent real estate appraisal from an uninvolved and neutral real estate appraiser;
- Personal Information such as names, social security numbers and dates of birth for each surety contributing equity to the property bond;
- If a mortgage remains on the property, a recent mortgage statement that that establishes a good payment record and reinforces the value of the property and the amount of equity that’s currently available;
- Property profile that includes an APN number, the legal description of the property, when the structure was built and the amount of square feet for the building.
A property profile can often be obtained free of charge, but can not be used as a substitute for a title search report when obtaining a property bond directly through the court. On the other hand, when you use your property to secure a bail bond, the property profile will usually suffice. Each title company has different requirements and fees, so it’s important to make sure that what you’re requesting meets the needs of the court in the jurisdiction and venue where your case is pending. It’s also important to make sure that the title reports correctly name the insured as the Clerk of the Court in your jurisdiction, for example, “Clerk of the Court of the Eastern District of California.” Preparing all this paperwork is time consuming and must be done perfectly to ensure your release. That’s why it makes much more sense to work with an experienced bail bond agency in Santa Ana that uses your property to secure a bail bond that can get you released quickly - usually the same day.
How A Title Report Can Impact An Equity Number
You may be disappointed when you receive your title report and discover that you have less equity in your property than you thought. A title report does more than just state the names of the property owners, it also shows the tax payments that were made on the property and the presence of first, second and third mortgages. Another issue that can come up on a title report is the presence of judgements or liens. If the encumbrances on the property reduce the equity substantially, it may be necessary to clear these from the title before the property can be used for a bond. It’s also possible that liens or judgments that show up on title reports are mistaken or outdated. In such cases it’s necessary to get these items corrected and an amended title search reports so that the bond process can move forward. Another important consideration is that if your property is designated as a homestead, this can reduce the amount of equity available to purchase a property bond. It’s not unusual for a Declaration of Homestead to eliminate as much as $35,000 in equity! If you need this additional equity, you’ll need to apply for an Abandonment of Homestead in order to free up additional equity. You’ll need to fill out the appropriate forms, have them notarized and file them with the recorder in the county where the property is located. After the Abandonment of Homestead is recorded, you may need to secure a new title report. After you’ve secured your property bond, you can then go through the steps required to reinstate the property as a homestead. Obtaining title reports, reviewing them, clearing liens/judgments and correcting errors can be lengthy and it feels even longer when you’re stuck in jail waiting to be released. That’s why using your property as collateral to obtain a bail bond through an experienced California bail bond agency makes so much more sense than getting a property bond directly through the court.
The Real Estate Appraisal
In California you must prove the value of a property for the purpose of obtaining a property bond by submitting a recent appraisal from an official certified real estate appraiser. It’s important not to confuse a licensed real estate agent and a certified real estate appraiser. Many real estate professionals wear both hats, but it’s important to never assume that the real estate agent that sold you your home is a licensed real estate appraiser. In some jurisdictions, you may be allowed to utilization a less expensive “drive-by” appraisal with three photos to secure a property bond, but you should be aware that this type of appraisal usually results in a lower value than a full appraisal, so if you’re trying very hard to scrape up every bit of equity, this might not be the right way to go. The appraisal must be recent, which is usually defined within six to eight months, but this requirement can vary, so it’s important to find out if an appraisal you already have can be utilized before getting a new one. If your friends or family members are using their property as sureties, make sure to explain this to them and suggest that they use the internet to find a certified real estate appraiser. Information about market value from sites such as Zillow is never admissible in California for the purpose of securing a property bond with the court, but this type of expedited process is used by bail bond agencies in Santa Ana to help you get released quickly.
Straight Note and Deed of Trust Requirements
For each property that is being used to secure a property bond with the court, there must be a properly drafted and executed note that’s signed by all parties with an interest in the property being used as collateral to secure the property bond. This note must also list any other conditions for release such as the use of an interlock device for a DUI or a requirement to attend anger management classes. It’s important to check carefully with the court to ensure that the execution of the document meets local requirements for form and notarization. The court must receive an original notice, not a copy, photo or email. In addition to this note, called a “straight note,” the court must also be provided with a deed of trust for the property that names the court as a beneficiary. The deed of trust must have the name of the case and the docket number on the upper left hand corner or it will be rejected. The body of the deed must include the following provisions:
- The names of all sureties (persons with an interest in the property);
- The address of the property be posted as collateral;
- The names of the trustees (this is the title company);
- The court that is being named as the beneficiary and
- The amount of bond that has been set by the court.
The signatures of all property owners must be notarized in order to be acceptable. Now it’s time to hold your breath and hope that the court reviews your property bond package in a timely manner and approves it. It’s important to remember that if you file your Deed of Trust and your property bond package is rejected, it could take from four to eight weeks for the property to be reconveyed.
Reasons For Rejection of Property Bond Application
There are many procedural and substantive reasons that can cause a property bond application to be rejected. In some cases it’s possible to negotiate with the court to reduce your bail amount if you do not have enough equity for a property bond, but this process is time consuming and runs up expensive legal bills that could be better used towards other aspects of your defense. That’s why it makes so much more sense to quickly secure a bail bond instead of jumping through all of the hoops necessary to secure a property bond directly through the court.
Other reasons for rejection can include:
- Lack of Equity
- Outdated Appraisal
- Improper Execution of Documents
- Failure to Abandon Homestead
- Improper Jurisdiction or Venue and
- Late Filing.
Another potential pitfall is a substantial delay in reviewing your application that can be caused simply by a backlog of cases and understaffing in the courts. This type of delay has become more common due to the Covid-19 pandemic. That’s why securing a bail bond with your property as collateral is a much more practical choice. Call Mr. Nice Guy Bail Bonds at 844-400-2245, the Orange County bail bond agency that goes the extra mile.
Obtaining Your Release After Property Bond Approval
Once your property bond is approved, it is submitted to the judge’s courtroom deputy. The courtroom deputy will be responsible for obtaining the judge’s signature on an Order of Release. Once the Order of Release is signed, it is sent to the Marshal's office and then on to the jail where you’ve been held for weeks waiting for the property bond process to play out. It’s not unusual for the deputies to forget to get the Order of Release signed by the Judge or to fax it over to the courtroom, so it may be necessary to follow up to ensure that it gets done in a timely manner. There is no little to be gained and so much to be lost by going through the process of obtaining a property bond directly from the court because purchasing a bail bond using your property as collateral through a reputable bail bond agency can usually get you released within hours. Before you consider going this route, it’s important to speak with a bail bond agency about ways to obtain your immediate release.
How To Get Out Of Jail Quickly and Easily
There are three ways to make bail in California - cash, bail bonds and a property bond. If you don’t have cash, a bail bond can get you out of jail almost as quickly when you work with an experienced bail bond agency in Santa Ana that accepts a wide range of payment options including using your property as collateral to obtain a bail bond. The best way to defend yourself against criminal charges is to be home working on your defense, not in custody waiting on a property bond application approval. The most cost effective way to get back to your family and your employment is to secure a bail bond through a highly rated bail bond agency in Orange County. Call Mr. Nice Guy Bail Bonds at 844-400-2245 and get out of jail as quickly as possible.