A Pennsylvania Notice of Lien on Real Estate for Criminal Bond is a legal document that is filed by the Commonwealth of Pennsylvania when a defendant who has been released on a criminal bond has failed to comply with the terms of their release or has absconded. This notice alerts potential buyers and lenders that there is a lien on the defendant's real estate property due to their criminal case. When a defendant is released on a criminal bond in Pennsylvania, they typically have certain conditions they must adhere to, including attending court hearings, staying within a designated area, refraining from illegal activities, and obeying any other restrictions set by the court. If the defendant fails to meet these conditions, the court may issue a Notice of Lien on Real Estate for Criminal Bond against any real estate property owned by the defendant. This notice is designed to protect the interests of the Commonwealth and potential creditors by attaching a lien to the defendant's real estate. It serves as a public record that provides notification to interested parties, such as potential buyers or lenders, that the defendant's property is encumbered by this lien. Thus, it prevents the defendant from disposing of the property without satisfying the bond obligations. The Pennsylvania Notice of Lien on Real Estate for Criminal Bond can have different types depending on the nature of the criminal offense and the specifics of the bond. Some common types include: 1. Cash Bond Lien: If the defendant has posted a cash bond for their release, this lien may be filed to secure the return of the bond amount if they fail to comply with the bond conditions. 2. Property Bond Lien: In cases where the defendant has utilized their real estate as collateral for the bond, this lien is filed to secure the property against the potential forfeiture due to non-compliance. 3. Surety Bond Lien: When a third party, such as a bail bondsman, has posted a bond on behalf of the defendant, this lien is filed to protect their financial interest in the property, ensuring reimbursement if the defendant defaults. It's important to note that the Pennsylvania Notice of Lien on Real Estate for Criminal Bond is a legal document filed with the county recorder's office or the prothonotary's office where the property is located. This document must comply with specific legal requirements, including the correct identification of the defendant, details of the bond, the alleged criminal offense, and the specific property being encumbered. Overall, the Pennsylvania Notice of Lien on Real Estate for Criminal Bond is a mechanism used to safeguard the interests of the Commonwealth and creditors when defendants fail to comply with the conditions of their criminal bond. This notice serves as a public record, alerting potential buyers and lenders of the property's encumbrance, thereby discouraging improper disposition and ensuring appropriate compensation to affected parties.
Pennsylvania Notice of Lien on Real Estate for Criminal Bond
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(a) A person who violates a condition of the bail bond is subject to a revocation of release and/or a change in the conditions of the bail bond by the bail authority. (b) When a violation of a condition occurs, the bail authority may issue a bench warrant for the defendant's arrest.
In order to perfect your lien claim, it must be filed in the prothonotary's office of the county court where the property is physically located. A ?prothonotary? is just an old-school term for the chief clerk of the court. If the property is located in more than one county, then the claim should be filed in both.
Bail Before Verdict. (A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination.
Hearing on a motion for accelerated rehabilitative disposition shall be in open court in the presence of the defendant, the defendant's attorney, the attorney for the Commonwealth, and any victims who attend.
The lien will stay in effect for five years, but can be renewed, if the debtor does not sell the property within that time period.
Rule 520 - Bail Before Verdict (A) Bail before verdict shall be set in all cases as permitted by law. Whenever bail is refused, the bail authority shall state in writing or on the record the reasons for that determination. (B) A defendant may be admitted to bail on any day and at any time.
(1) For the purpose of this rule, trial shall be deemed to commence on the date the trial judge calls the case to trial, or the defendant tenders a plea of guilty or nolo contendere.
Rule 700 - Sentencing Judge (A) Except as provided in paragraph (B), the judge who presided at the trial or who received the plea of guilty or nolo contendere shall impose sentence unless there are extraordinary circumstances which preclude the judge's presence.