When someone is arrested for a crime in Kentucky, a judge is required to set a bond in almost every case. Often times it can be difficult to come up with the money required to post bond for a loved one. If you own your own home, you may be able to post it to satisfy the bond and get your friend or family member out of jail. This is done through what’s called a “property bond“.
How Can I Post a Property Bond in Lexington, Fayette County, KY?
A property bond is a lien or mortgage placed on a property while a criminal case is pending. In order to post a property bond, you must satisfy several requirements. While it’s best to have a criminal defense lawyer assist you in posting a property bond, I’m going to go over those requirements specifically for Lexington, KY.
1. Property Bonds Must Be Posted at the Office of the Circuit Court Clerk
Cash bonds can be posted at the jail or the district courthouse, but property bonds must be posted at the Office of the Circuit Court Clerk in the District Courthouse. The District Courthouse is located at:
150 N Limestone
Lexington, KY 40507
The bond window is to the left on the first floor.
2. Property Bonds Are Only Accepted Monday – Friday
Property bonds are only accepted Monday through Friday from 9:00 am until 3:30 pm. Cash bonds can be posted at any time.
3. Property Must Be Real Property
In order to post a property bond, you must post real property. Meaning houses or land. No mobile homes, trailers, vehicles, or boats will satisfy this requirement. Not even a houseboat.
4. There Are Many Required Documents
In order to post a property bond, you will need the following documents:
- A copy of the deed;
- A current statement from the mortgage company indicating the principal balance owed on the property;
- If there is a second mortgage/equity line of credit, a current statement from the mortgage company. Indicating the original amount of the loan; If the statement indicates and unpaid late charges, the property may not be posted.
- A current statement from the Property Value Administrator (PVA) showing the assessed value of the property-property tax bills is not accepted. The Fayette County PVA is located at:
101 East Vine Street
Lexington, Ky 40507
- A property tax bill indicating that property taxes are paid in full.
5. Equity in the Property Must be Double The Amount of the Original Cash Bond
So, if the person has a $20,000 bond, there must be at least $40,000 in unencumbered equity in the property. If the bond is a 10% bond, you must have double the equity of the full cash bond.
6. Each Owner Listed on the Deed Must Be Present to Sign the Bail Bond
They must have acceptable photo identification. If the owner on the deed is deceased, proof of death must be produced via a death certificate.
7. A Fee of $53 Must be Paid
This must be paid at the time the bond is posted. It is a $25.00 bond filing fee and a $28.00 record release fee.
8. You Get Your Property “Back” As Long as the Defendant Shows Up
When the case is completed and all court dates are finished, the clerk will automatically send a lien release to the county clerk. If the person released from jail fails to appear for a court date, it is possible that the judge may order the property to be sold at public auction to satisfy the lien.
It’s Complicated. Call an Attorney for Help.
In conclusion, the property bond process is complicated. It makes sense to have a lawyer on any case where the bond is high enough to justify a property bond.
Our Lexington Criminal Defense Lawyers can help you get your loved one out of jail. Contact us today to start navigating the property bond process.