My brother is in jail and needs a lawyer to check for leans on property and value of property in order to get a property bond, What are these types of lawyers called and what did they study in school? I'm interested because i would like to become one of these lawyers.
Answers (4)
Here is the procedure of posting a property bond:
If a defendant doesn't have enough money to pay bail, the court also allows the him/her to post a property bond, which means he/she is pledging the value of real property to the court to guarantee the appearance in court. If the defendant does not appear to court for a hearing, the court will take the posted property as if it were cash bail. Before the court can accept the property as defendant's bail, there will be a hearing, when the court can determine who is the legal owner of the property and how much is it worth.
When you file your papers, the Clerk's Office will review them and, if accepted, they will contact you or your lawyer to communicate the date and time of your hearing.
The papers needed are:
Original deed for the property or a certified copy. (Grant Deed, Quitclaim Deed, Death Certificate or any other document that shows a change of ownership)
All persons named on the deed must be present at the property bond hearing. If the property is held in trust, a copy of the agreement also must be presented.
Current lot book guarantee or preliminary title report (not older than 10 days)
History of property liens from the title company (not a property profile)
Current appraisal. If you brought the home in the last 12 months, you can bring a tax statement.
Balance of all loans. List payment amount and loan balance for each bank or mortgage company. The equity must be twice the amount of bail.
Affidavit/Undertaking for Justification of Bail and Acknowledgment. You can find it at the Clerk's Office.
Original homestead deed or a certified copy if the home is homesteaded.
The attorney is generally a criminal defense one.
These are called Real Estate lawyers, which are handling the cases related with property and its owner's buying or selling procedural strategy.
The Education for a real estate lawyer must obtain a juris doctorate degree from a school accredited by the American Bar Association along with an attorney’s license through passing the bar exam and specializing in one real estate law.
A real estate attorney or a criminal defense attorney typically handles the paperwork for a property bond, depending on the context. A property bond is often used in criminal cases as an alternative to cash bail, where real estate is offered as collateral to secure a defendant's release from custody. The type of lawyer involved depends on the legal needs associated with the bond.
Real Estate Attorney
A real estate attorney(954-440-0901) is knowledgeable about property laws and ensures that all legal requirements for using property as collateral are met. They handle tasks such as verifying ownership, checking for liens or encumbrances, preparing necessary documents, and ensuring the property has sufficient equity to cover the bond amount. These attorneys can also handle title searches and filings with the court or relevant authorities.
Criminal Defense Attorney
A criminal defense attorney is often involved in securing a property bond when it is directly related to a client’s release from jail. They work with the court and ensure that the property bond is properly filed as part of the bail process. While they may not prepare all real estate documents, they coordinate with real estate professionals or attorneys to ensure the bond's validity.
Both roles ensure legal compliance and the protection of your interests.