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Myra, good morning. I certainly understand the situation and your concern. Why is the bail bond company trying to do this? Did he sign for someone and the person fled?
Thank you and please allow me a moment to read this
Just to be clear, one of the defendants is still on the run and has not appeared? They can't find him? Is the case still open?
Thank you. There needs to be a legal basis to stop the foreclosure. As you are aware, the house was put up as a security interest/ collateral for the bond/release of the defendants from jail. You need to review what was signed by your father, to see the conditions which would trigger the bondsman to proceed in this manner. You shared that both defendants are in custody and/or secured, so if anything, the bondsman could ask to get off the bond, if he thought at this time they were a flight risk. You also need to find out how much money is owed and the basis for it, since it may be that he was required to pay X amount and filed to do so. He has every legal right to respond and contest this but he first needs to know the basis for which it is happening. As I shared, in a situation like this, something had to trigger them trying to foreclose and take the home.
If you can show that they knew you father was not aware of what he was doing or signing at the time and not of sound mind, then he would have a defense to this and they could not foreclose and move forward.