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)?


Asked on 3/09/07, 3:39 pm

3 Answers from Attorneys

Lyle Johnson Bedi and Johnson Attorneys at Law

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.

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Answered on 3/24/07, 12:51 am
Francois Nabwangu Wright Cantrell PLLC

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

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Answered on 3/09/07, 7:45 pm
Francois Nabwangu Wright Cantrell PLLC

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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Answered on 3/09/07, 7:46 pm


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