Bail Bond Underwriting Rules: Why Bail Bonds Aren’t A “Sign And Release” Document

Bail bonds are not just a simple document that you sign and secure with a payment. They have a lot going on behind the actual bail bond document. These documents are underwritten as forms of financially backed documents. They are insured like other bonds, even though their intended use is very different from other types of bonds. Here are some of the rules that govern the underwriting on a bail bond. 

Property to Secure the Bail Bond

Because of the number of frauds, illegal transfers, and signing under duress, the use of land/home to secure a bail bond has to be cleared through the National Legal Department before being used as bail bond security. This rule in the underwriting of bail bonds not only protects the bail bonds agent's interests, but prevents crimes against innocent parties from occurring.

For example, if a bail bond agent wants to accept property to secure a bail bond, they have to see the legitimate title to the property and it has to be cleared with the National Legal Department before it can be accepted and then written into the language of the bail bond contract. If the person submitting the property for securing the bail bond has in any way swindled an innocent third party out of ownership of the property, or forced the signature of the third party on a quit claim deed, the bail bond agent loses all monies gained from providing the bail bond. The property they would otherwise be allowed to claim becomes null. 

No Bail Bonds Issued Without Underwriters

Underwriters work for surety companies. The surety companies back the bail bonds so that the bail bond agents can supply the customers with the bonds they need to release family members from jail without having to pay the full bail amount ordered by the judge. All the rules governing how the bonds work, what the bail agents are required to do and to request from customers, and rules for the acceptable payments that the bail agents may take are written into the contracts written by the underwriters working for the surety companies.

Bail bond agents generally have to find and select surety companies that have bail bond documents that the agents can use for their bail bonds agencies. Each state has different rules written into bail bonds documents too. That means that you cannot secure a bail bond for someone arrested in the next state over from the state in which you currently reside. 

Learn more about bail bonds services today. 


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