Legal Question in Real Estate Law in California

Re: trust deed and note securing bail bond

What does the bonding company have to say? I think your starting point is to contact them and demand an explanation.

However, before you talk with them or pursue the matter otherwise, you should read Penal Code section 1276.5, which places certain disclosure and other requirements on bail bondsmen when issuing bonds to be secured by real property. The codes are available at most libraries or on line.

A document such as a trust deed would ordinarily require notarized signatures in order to be useful, since it cannot be recorded without notarized (acknowledged) signatures.

Putting someone else's signature on a legally-significant document without proper authority (such as that of an authorized agent) and with intent to deceive is forgery.

The Penal Code section should answer your question about documents necessary to place a lien securing a bail bond on your home. There are other types of liens, of course, such as judgment liens and mechanics' liens, but this statute governs bail bond liens.

Re: trust deed and note securing bail bond

If the document is a foregery it is not enforceable and you may have a claim against the bail bonds service. If you fax me at 714 363 -229, all of the documentation you have, I will provide you with free consultation. Our firm handles cases throughout Califonria.

Re: trust deed and note securing bail bond

You may want to go to the recorder's office, and obtain a certified true copy of the recorded lien. This will show the type of notary that was used (unless the recorder's office made a mistake, and recorded it without a notarized signature). It will be either a witnessed notary (someone said they witnessed you signing), or a notarized signature by the person purporting to be you. However, if the person that the bond is for appears in court when they are supposed to. Then this whole issue is moot when the court removes (exonerates) the bond.