If a loved one is being held at the Durham County Detention Facility, a property bond may secure their release using your home equity — without paying a bondsman’s non-refundable 10% premium.
The Durham County Detention Facility is located in downtown Durham at 219 S. Mangum Street, Durham, NC 27701. The property bond process runs through the Durham County Tax Administration Office, the Durham County Register of Deeds, and the Clerk of Superior Court — Financial Department, all within walking distance of the detention facility.
Under N.C. Gen. Stat. § 15A-531(4), real property in North Carolina with sufficient unencumbered equity may be pledged to secure a defendant’s release in lieu of a cash bond or a bondsman’s premium. When the case concludes and all court appearances are met, the deed of trust is discharged and the property owner’s equity is fully restored.
A property bond is part criminal procedure, part real estate transaction. The deed of trust has to be drafted to the satisfaction of the Durham County Clerk’s Financial Department, the title search has to be current and clean, and the bond has to be presented in the correct sequence. A defective document costs a day — and your loved one stays in custody for that day.
Mr. Barker was North Carolina Board Certified as a Specialist in Real Property Law from 1999 to 2009 and has practiced criminal defense in the Triangle for more than 30 years. Property bond work is where those two practice areas meet. It is what we do.
Our fee is a flat attorney fee — quoted on the first call, transparent, and dramatically less than the 10% non-refundable premium charged by a bail bondsman. On a $100,000 Durham County bond, a bondsman keeps $10,000 forever; our fee is a fraction of that and your home equity is restored when the case ends.
No. The property must be located in North Carolina with sufficient equity. We routinely pledge property in Wake, Orange, Granville, Person, Chatham, and other surrounding counties to secure a release at the Durham County Detention Facility.
Same-day or next-business-day completion is often achievable in Durham County, depending on the timing of title work and office hours. After the Clerk’s Financial Department approves the bond, the sealed bond is delivered to the Durham County Detention Facility and the Sheriff’s Office processes release.
Yes — the deed of trust securing the bond is recorded at the Durham County Register of Deeds and is a public document. It lists the defendant’s name, the case number, and the secured amount. This is true of every NC property bond.
If a failure to appear cannot be cured, the Durham County District Attorney may move for forfeiture of the pledged equity. This is precisely why we stay engaged after the bond is posted — we work with the family to ensure every court appearance is made and act immediately if anything threatens the bond.
Whatever your legal situation, there’s a LawVana service built for it.
If your family member is being held in the Durham County Detention Facility right now, every hour the bond sits unposted is an hour they remain in custody. The consultation is free.
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