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Instructions For Posting Property Bond In Criminal Cases Form. This is a North Carolina form and can be use in Mecklenburg (District 26) Local County.
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Tags: Instructions For Posting Property Bond In Criminal Cases, MCSC-PB-001, North Carolina Local County, Mecklenburg (District 26)
INSTRUCTIONS FOR POSTING PROPERTY BOND FOR CRIMINAL CASES
If the total Bond amount for pre-trial release is less than $5,000:
1.
Take the Real Property Bond Certifications form to the Mecklenburg County
Tax Office located at 700 East Stonewall Street, Charlotte, NC (near the
intersection of McDowell Street) and ask a clerk in the Tax Supervisor’s Office to
complete the information in section one of the form, date and sign the form, and
2.
Take the Real Property Bond Certifications form to the Register of Deeds
Office, Room 101 of the County Courts Office Building, Charlotte, NC and ask a
clerk to complete the information in section two of the form, date and sign the
form.
3.
After completing the above steps, all owners of the real property must be present
in Room 2132 of the Mecklenburg County Courthouse, Charlotte, NC with the
completed Real Property Bond Certifications form to process the Bond.
Note: If the real property owner is the defendant in custody, the procedure
below must be followed for all bond amounts.
If the total Bond amount for pre-trial release is $5,000 or more or the real
property owner is in custody:
1.
Take the Real Property Bond Certifications form to the Mecklenburg County
Tax Office located at 700 East Stonewall Street, Charlotte, NC (near the
intersection of McDowell Street) and ask a clerk in the Tax Supervisor’s Office to
complete the information in section one of the form, date and sign the form, and
2.
Take the Real Property Bond Certifications form to the Register of Deeds
Office, Room 101 of the County Courts Office Building, Charlotte, NC and ask a
clerk to complete the information in section two of the form, date and sign the
form.
3.
Bring the completed Real Property Bond Certifications form to Room 3600 of
the Mecklenburg County Courthouse, Charlotte, NC for processing.
4.
The information on the Real Property Bond Certifications form will be
reviewed to determine:
a. The amount of the tax value of the real property,
b. Less the amount of any unpaid mortgages, tax liens or encumbrances, and
c. 70% of the remaining amount will be available for the amount of the Bond.
d. If the amount of the Bond is equal to or less than the above remaining
amount, the real property, in the Clerk’s discretion, may be used for the
Bond.
MCSC-PB-001
5/28/09
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5.
If it is determined that the real property can be used for the Bond, a North
Carolina licensed attorney must prepare the following documents:
a. Deed of Trust (Mortgage) with the Trustee: Martha H. Curran, Clerk of
Superior Court for Mecklenburg County, North Carolina or her successor in
Office; and the Beneficiary: The State of North Carolina.
b. Promissory Note to The State of North Carolina payable on demand to secure
the appearance of __________________ (defendant’s name) for cases
numbers __________ , ___________ .
c. Certified title opinion letter signed by a North Carolina licensed attorney.
5.
All of the real property owners must be present in Room 3600 of the Mecklenburg
County Courthouse, Charlotte, NC for a hearing with the clerk and must bring the
following information and documents:
a. Defendant’s social security number.
b. Completed Real Property Bond Certifications dated and signed.
c. Completed Deed of Trust with notarized property owner’s signatures.
d. Completed Promissory Note with property owner’s signatures.
e. Completed and signed Certified title opinion letter (see 5 above)
f.
Recording Fee: $24 for first page; $3 for each additional page. If the top 3
inches across the first page is not blank and/or paper size is larger than 8
½” X 11”, and additional $25 fee is required.
WHEN THE CRIMINAL CASES ARE CLOSED, CALL KATHY WHITE AT
704-686-0470 IN ORDER TO HAVE THE DEED OF TRUST CANCELLED
MCSC-PB-001
5/28/09
2
American LegalNet, Inc.
www.FormsWorkFlow.com