Rule 38-9. Real Estate Bond

(a) In lieu of a cash bond, the defendant, or any person in the defendant's behalf, may pledge equity in real property located within the state of Connecticut as bond.

(b) Unless otherwise ordered by the judicial authority, the pledge shall be accepted and the defendant shall be admitted to bail upon receipt of the following: (1) proof that a notice of lien containing the terms of the bond has been properly filed, pursuant to the provisions of General Statutes § 54-66, on a form prescribed by the Office of the Chief Court Administrator in the office of the town clerk of the town in which the property is located; (2) a current certificate of title from an attorney containing a listing of all encumbrances of record including the notice of lien; (3) one independent appraisal by a licensed real estate appraiser prepared within ninety days of application as to present fair market value; and (4) an affidavit by each owner of the property setting forth (A) the location of the property, (B) the affiant's ownership interest therein, (C) the amount of the affiant's equity in the property, (D) the present fair market value as shown on the appraisal,

(E) the present amount of each encumbrance of record filed prior to the notice of lien required by this subsection, and the present amount of any tax liabilities, and (F) whether the same property is pledged as security for any other bonds under this section or for any other purpose.

(c) All record owners of the property as well as the accused shall enter into a bond for the appearance of the accused.

(d) The value of the owner's equity as calculated and verified pursuant to this section shall be not less than the amount of bail set by the judicial authority, but shall not be required to be in any greater amount unless the equity is pledged as security for other bonds under this section, in which case the value of the equity shall be not less than the total amount of all bonds for which it is pledged.

(e) Upon order of forfeiture of the bond, the procedures set forth in General Statutes § 54-66 shall be followed.

Committee Notes

(P.B. 1978-1997, Sec. 665.) (Amended June 30, 2003, to