Practice & procedure

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Lodging property as bail security

Require​​​​​ments for the lodging of property as security for bail if entered at the Supreme Court (Real Property Act land only)

​The following documents are to be lodged with the Court registry:

1. If the su​rety ow​​​​ns the property with no encumbrances

  1. The Certificate of Title i.e. the Deeds.
  2. Written evidence of the value of the property. A letter from a licensed valuer is acceptable and this should include a reference to the property as described in the Certificate of Title, i.e. Folio Identifier No. etc.
  3. An up-to-date title search on the property (through Land & Property Information) i.e. a search done on the same day.
  4. An acceptable form of mortgage (2 copies) and a caveat (a blank mortgage and caveat can be obtained from a law stationer) completed as per these sample forms. The mortgage and caveat must have stamp duty paid and be stamped by the Office of the State Revenue.

The mortgage will not be registered unless the accused does not comply with the bail conditions and there is an order made by the Estreats Court. The caveat is signed by the Prothonotary at the Supreme Court and must be registered with Land & Property Information.

2. If the property is encu​mbered by a mortgage

  1. ​The Certificate of Title i.e. the Deeds.
  2. Written evidence of the value of the property. A letter from a licensed valuer is acceptable and this should include a reference to the property as described in the Certificate of Title, i.e. Folio Identifier No. etc.
  3. An up-to-date title search on the property (through Land & Property Information) i.e. a search done on the same day.
  4. An acceptable form of mortgage (2 copies) and a caveat (a blank mortgage and caveat can be obtained from a law stationer) completed as per these sample forms. The mortgage and caveat must have stamp duty paid and be stamped by the Office of the State Revenue.
  5. A letter from the lender whose mortgage appears on the Certificate of Title i.e. the Deeds, showing:
    • ​​​​​​Whether the lender consents to a further mortgage being entered into with the Prothonotary; and
    • The amount still owing on the loan.

​3. If the pro​​perty ​​is already encumbered by a caveat​​​

  1. ​​The Certificate of Title i.e. the Deeds.
  2. Written evidence of the value of the property. A letter from a licensed valuer is acceptable and this should include a reference to the property as described in the Certificate of Title, i.e. Folio Identifier No. etc.
  3. An up-to-date title search on the property (through Land & Property Information) i.e. a search done on the same day.
  4. An acceptable form of mortgage (2 copies) and a caveat (a blank mortgage and caveat can be obtained from a law stationer) completed as per these sample forms. The mortgage and caveat must have stamp duty paid and be stamped by the Office of the State Revenue.
  5. A letter from the lender whose mortgage appears on the Certificate of Title i.e. the Deeds, showing:
    • ​​​​Whether the lender consents to a further mortgage being entered into with the Prothonotary; and
    • The amount still owing on the loan.​
  6. An irrevocable authority signed by the borrower(s) and lodged with the bank/building society directing that lender to hand both the Certificate of the Title and aDischarge of Mortgage in registerable form to the Prothonotary.​
  7. A copy of the caveat so that the reason for the caveat and the value of the interest claimed by the caveator can be ascertained.​​​​

Should the person who placed the caveat on the title no longer claim to have an interest in the property then a Withdrawal of Caveat should be obtained, signed by that person and lodged at the Court.