Local Rule LR83.11: Real Property Bonds in Criminal Cases

LR83.11 Real Property Bonds in Criminal Cases Pursuant to 18 U.S.C. § 3142(c)(1)(B)(xi) and Federal Rule of Criminal Procedure 46(d), the following procedures shall govern the making of bonds by real property in this district:

1. The defendant must present to the judicial officer a legally sufficient deed of trust for the real property in question which has been duly executed by all owners of the property and which has been properly recorded with the register of deeds in the county where the property is located.

2. The Clerk or the Clerk's deputy shall be named as the trustee in the deed of trust and the United States of America shall be named as beneficiary of the trust.

3. The deed of trust shall contain, inter alia, a recitation of the amount of money bail which it secures and a statement in boldface type as follows: "THIS INSTRUMENT IS EXECUTED FOR THE PURPOSES OF SECURING AND MAKING CERTAIN THE PAYMENT OF SAID BOND AND ANY AND ALL RENEWALS OR INCREASES THEREOF."

4. The deed of trust will not be released automatically upon any exoneration of the obligors. The Clerk is authorized to execute a release on behalf of the Court after proper application to him or her is made and he or she is satisfied that the obligor(s) should be released from further obligation. Application shall be made by way of a proposed agreed order or written stipulation signed by defendant's attorney, or defendant if pro se, and the cognizant assistant United States Attorney.

5. Every surety attempting to make a property bond shall justify by affidavit completed on the reverse side of the appearance bond form (AO98) and setting forth in that affidavit the following:

(a) A brief description of the real property which is described in the deed of trust (need not be the complete legal description);

(b) Who the owner(s) of the property is(are);

(c) All encumbrances or debts, if any, against that property whether of record or not which are not set forth in the aforementioned deed of trust or stating that there are none;

(d) The number and amount of other bonds and undertakings for bail entered into by the surety and remaining undischarged or stating that there are none if there are none;

(e) A statement of the surety's opinion of the present market value of the real property and a statement of the surety's net worth (this may be stated in the form: "at least $ ");

(f) A statement as follows: "This instrument and the associated deed of trust are executed for the purpose of securing the bond set forth on the first page of this form."

6. A judicial officer or the Clerk may take the acknowledgments on the front and back of the appearance bond but the "approved" blank shall only be signed by a judge or magistrate judge when the bond is, in fact, approved.

7. The aforementioned appearance bond form (AO98) shall be signed on the front page by the defendant and, in addition, by any person(s) signing as sureties. Their addresses shall be printed legibly or typed. It shall be completed on the reverse page as indicated in paragraph 5 above.

8. The surety shall also present the judicial officer with sufficient written evidence of the present fair market value of the real property, e.g., by a statement from the county's tax assessor regarding the value of the property for tax purposes or an appraisal from a competent, independent appraiser.

9. In addition to a recorded deed of trust in the form stated above, an executed appearance bond (AO98) in the form stated above and written evidence of the value of the property, the judicial officer shall also be presented with a title letter from a licensed attorney setting forth the results of that attorney's examination of the record title.

10. No bond shall be approved unless the surety thereon appears to be qualified. The judicial officer may choose to waive one or more of the requirements of this provision in appropriate cases (e.g., small property bonds).