Should I Put My Home Up As Collateral for My Son’s Bail?

 Posted on February 10, 2025 in Bail Bonds

Suppose you receive a phone call in the middle of the night telling you that your 22-year-old son is in jail and needs you to post bail for him. While there are many facets to this situation, the question of whether you should put your home up as collateral for your son’s bond is divided into two separate questions. The first is, can you put your home up as collateral? The answer to that question – with some qualifications – is yes, you can.

As with many things in life, just because you can do something does not always mean you should. So, the second question is, should you put your home up as collateral for your son’s bail? It can be helpful to speak to a licensed McKinney, TX bail bondsman from Doc's Bail Bonds who can answer your questions and help you determine whether you should use your home as collateral for your son’s bail.  

Using Property as Collateral for a Bail Bond

During a stressful situation – like your adult child being in jail – it can be overwhelming to determine the best course of action. If the bail amount is high (which usually means the crime is very serious), and you do not have sufficient cash to pay the ten percent, you may need to consider putting real estate or other property up as collateral. Homes, land, commercial buildings, cars, boats, RVs, jewelry, stocks, and other high-value items can all potentially be put up as collateral.

The property owner pledges the property to cover the bond amount in the event the defendant does not show up to his or her scheduled court appearance. The property needs to cover the full bail amount. This means if the bail for your son is set at $150,000, the value of the property you are putting up as collateral must meet or exceed that value. If you have an appraisal on the property, it will definitely speed up the process.

You will also need the deed or title to the property you intend to use as collateral, mortgage statements, if applicable, and tax records. The more documentation you have on the property, the easier the process. You will want to choose an experienced bail bondsman with a solid reputation for honest service. Your chosen bail bondsman will explain the fees and terms, and a lien will be placed on the property as security for the bail bond. If all court appearances are met, the lien will be released, and ownership of the property will be returned in full to you.

Is Putting Up Your Home as Collateral for Your Son’s Bail a Wise Decision?

The answer to this question is much more complex. If your son misses even one court appearance, the court can order the bond to be forfeited, and the bail bondsman can take ownership of your home to cover the bail. If your son skips out entirely, the court can demand the full bond amount, which means your property will be forfeited and sold to cover the bond amount.

You need to answer some hard questions before taking this step. First, what is the crime your son is charged with, and do you think he is guilty of the offense? Second, do you absolutely know that your son will not miss a court date and will never flee prosecution? And third, if you are not sure about the answers to the second question, are you prepared to lose a home that you may have lived in and paid on for decades?

In the end, if there are any potential alternatives, it is probably a good idea to avoid putting up your home as collateral. While we all want to help our children, and while it can be devastating to see your child behind bars, this decision should be made with as little emotion as possible, as it directly affects your own future and the future of other family members.

Contact a Denton County, TX Bail Bondsman

When you choose Doc's Bail Bonds, you have chosen a company you can trust. Doc managed a professional baseball team before becoming a bail bondsman. This experience was crucial to building a strong team in his current business. Contact us at 214-747-4110 to speak to an experienced, licensed Dallas, TX bondsman.