Legal Question in Real Estate Law in California
bail bond foreclosure, mental illness involved
My father is mentally unstable and is in jail (in CA) pending
minor criminal charges/is being reviewed for mental
committment. In Dec.he posted bail thru a bondsman. When he
didn't show for court, they began foreclosing on his house. He went
back to jail 2 weeks later. My uncle is also on the title, but my uncle
did not sign the lien with the bail bondsman. The bond posted was
$24,000; the foreclosure is for $300,000. I want to help him save the
house so he won't be homeless when he gets out of jail (he refuses to
come to Michigan where we are and would rather live on the streets).
Does he really owe $300,000? How do I get a list of
charges (bond co. hasn't responded to requests). Can I stop it on
grounds that he wasn't capable of making this decision? - on the
grounds that they did not get my uncle's approval? There are also
liens for back taxes.
Is a reverse mort. a workable option? I can't afford an attorney. Would
he qualify for legal aid given his circumstances (he gets SSD, but I
believe the payments stop when he is in jail)?
3 Answers from Attorneys
Re: bail bond foreclosure, mental illness involved
In California if a bond is forfeited the bond poster has 6 months to turn the bond jumper over to the authorities. If that is not one then the bond is collected by the county. If the bond was for $24,000 then the bail bond has the right to collect the $24,000 plus some reasonable costs. If the amount paid was to the bail bond was $24,000 then the bond was probably $240,000. You uncle should contact an attorney in California and see what options are available.
Re: bail bond foreclosure, mental illness involved
you could first move to reinstate the bond in the criminal proceeding- you need to hire an attorney fast.
Yours truly,
Francois M. Nabwangu, Esq
http://fnabwangu.googlepages.com
Re: bail bond foreclosure, mental illness involved
We have an attorney CA who can help...
Francois M. Nabwangu, Esq.
http://fnabwangu.googlepages.com
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