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Conn. Practice Book § 38-9

Real Estate Bond

activein force · 2004-01-01 – presentact-effective-date

(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 calcu -

lated 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.

History

(P.B. 1978-1997, Sec. 665.) (Amended June 30, 2003, to take effect Jan. 1, 2004.)

Provenance

Source
jud.ct.gov
Retrieved
2026-09-15
Edition
2026-09-15
Content hash
3b39afaf027664fdc8ac10f9033aa565321983def89abcba41f2e8a4b60e9ac1
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Conn. Practice Book § 38-9 — Real Estate Bond · binding.law