Encumbrances
Property Bonds as Surety, Bail Bonds KRS 431.535
Once the property bond has been filed the Commonwealth of Kentucky has a lien on the property. KRS 431.535(5)
The document requires:
• The owner of the property being pledged as surety. This is sometimes the person charged with the crime, but usually it will not be. (KRS 431.535)
• Address and/or legal description of the property being used as surety (KRS 431.535)
• The copy of the bond and schedule of real estate being filed must be certified by the circuit clerk of court requiring the bond (KRS 431.535).
Filed in the miscellaneous encumbrance book. Filed when a property owner pledges his property as surety to secure the release of a prisoner from jail.
Indexing Information: The bond shall be filed in the miscellaneous encumbrance book (KRS 431.535 (5) and indexed in the name of the property owner. The first party is the surety (property owner). The second party is the Commonwealth.
See OAG 97-32 for breakdown of filing fees, though this has been superceded by new revisions to KRS 64.012. Clerk fee below includes $10.00 bond filing, and $27.00 for filing a release.
