Can a bail bondsman place a lien on my property after a jail bond was exonerated?
I inherited a property from my deceased ex-husband. While the property was still in his name, a jail bail bondsman accepted this property as collateral for someone I was bailing out of jail. The bond was exonerated, yet the bondsman charged me $2500.00 for bringing their attorney to the exoneration hearing. I didnt have the money to pay such outrageous attorney fee. And now, 2yrs later, I've received notice that this bail bondsman has a $15,000 lien on my property and is in the process of foreclosing on my home! The bondsman filed a 'Deed of Trust with Assignment of Rents' 4 months ago (I saw on Maricopa County Recorders website). Yet, I DID NOT sign this document nor receive any notice of it (as I was supposed to have been mailed a copy of). The bondsman printed my name as the Trustor, signed his name and had it notarized (by one of their relatives with the same last name). The bail bond that was exonerated was only for $10,000. Yet I am now about to lose my home to a public auction sale over this bail bondsmans now $15,000 lien (for their attorney fee) against my property. Is this legal? Seems very unethical!! Please advise of what I should do! Thank you!
If the "foreclosure" process has already commenced (which it sounds like it has), I suggest that you meet with a real estate attorney immediately. There are important deadlines for you to adhere to and based on what you state in your question, you do not want them to pass without taking the proper action.
I would start by contacting local law enforcement at a non-emergency line and the Attorney General’s Office concerning a possible mortgage fraud and notary fraud. They can possible pause the foreclosure proceedings while they investigate the potential fraud.
