What Are the Risks of a Property Bond?

If a judge sets bail for a defendant, the defendant can choose to pay bail in cash, via a bail bond obtained from a bail bond agent in Maryland , or via a property bond. If a defendant, his friend, or a family member owns property and wishes to pay bail via a property bond, the court issues a lien against the property in the bail amount. If the defendant fails to appear in court when ordered, the court can execute on their property lien.

Unlike with surety bonds, which require a bail bondsman to assume responsibility of the defendant’s bail amount, property bonds can be risky. If a defendant violates the conditions of his bail, or if he fails to appear at a hearing or trial for any reason, the court will revoke bail and execute on their property lien.

This means that they will begin foreclosure proceedings on the defendant’s property, or the property of whoever obtained the property bond on the defendant’s behalf.

This is particularly risky if the property deed is in more than one person’s name, as that person will also suffer the consequences of the defendant’s actions.