Legal Question in Criminal Law in California

useing home as collateral for my bond

I used my home as collateral when i posted bail. They put a lein on my home for the amount of my bail. If i did not show up in court, could the bailbonds co. take my house from me, or does it mean that if i ever sell my home they would be paid the remainder of my balance?


Asked on 10/26/02, 11:22 pm

1 Answer from Attorneys

Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: useing home as collateral for my bond

Thank you for your posting, and I am sorry to hear about your criminal case and bond.

The answer to your question, like many things in law, "DEPENDS". It depends on whether or not there is a first mortgage, or even other mortages, that are larger and higher in priority than the bond lien.

If you do not have a mortgage, and you default, the bond company can force the sale of your home to liquidate the asset and get paid. If you do have a mortgage, the bond company is lower in priority, and has to wait until the house is sold to get paid from escrow, OR they can buy out the first and second mortgages, and then force a foreclosure.

Thanks again, and I hope this answer helps in some way. If you have additional questions, or want to proceed with representation, please feel free to call me at 1-877-568-2977, or just email me directly. I'm happy to help in any way that I can. Best of luck.

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Answered on 10/28/02, 3:07 pm


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