When the posting of a sum of money is required as a condition of the release for a criminal defendant and the defendant wishes to satisfy this requirement by posting real property, the following procedures will be followed:
Counsel for the defendant will present the required documents to the Assistant United States Attorney (AUSA) who will review the documents and advise the clerk whether the property is considered a satisfactory substitute for the cash bond. The Bond Approval Form needs to be completed, signed by the AUSA, and submitted to the Clerk's Office.
If the property and documents are deemed satisfactory by the AUSA, counsel for the defendant will then be required to record the mortgage document specified in Paragraph 2 below, with the register of deeds or similar official for the county in which the property is located and file proof of the recording with the Clerk of Court. The AUSA will monitor and inform the court of compliance with this requirement. If the AUSA does not find the property and/or documents to be satisfactory, counsel for the defendant will be advised of specific reasons. If, after all reasonable means to resolve differences have failed, the defendant can file a motion setting forth the specific reasons why a hearing is required to resolve these differences.
Required documents to be Filed with Clerk of Court
- Bond Approval Form must be completed and signed by the U.S. Attorney.
- Mortgage document, executed in favor of the Clerk, United States District Court, Eastern District of Wisconsin. If anyone other than the defendant has an ownership interest in the property, a justification of surety form must also be submitted by that person.
- Proof of Receipt that mortgage has been recorded with the appropriate register of deeds from the county where property is located;
- A completed Satisfaction of Mortgage should be prepared and submitted to the Clerk of Court at the time mortgage documents are posted, to expedite the process of releasing the property at the conclusion of the case.
- Title opinion or report from a title insurance company showing current status of the title of the property to be pledged.
A current appraisal from a certified appraiser. (With the concurrence of the Assistant United States Attorney assigned to the case, other documents may be acceptable in certain instances in lieu of a current appraisal. These
documents may include current tax assessment information or documents relating to a recent sale of the property).
If the real estate is located in Wisconsin, the clerk will provide a release order to the appropriate judicial officer for signature upon receipt of a certified copy of the mortgage note and/or other appropriate documents indicating that said note and/or documents have been properly filed showing the recorded interest of the United States District Court for the Eastern District of Wisconsin in the real estate. If the real estate is located outside the State of Wisconsin, the clerk will provide a release order to the appropriate judicial officer for signature upon receipt of an updated title insurance policy in the amount of the bond showing the recorded mortgage to the United States District Court for the Eastern District of Wisconsin in the real estate posted in lieu of cash.
Request for Release of Mortgage Lien
At the conclusion of the criminal case, where appropriate, counsel for the defendant shall prepare and present to the clerk, with copies to opposing counsel:
- Written request for release of property;
- Proposed order for the court's signature releasing the United States' interest in the particular real estate;
- Satisfaction of Mortgage (State Bar of Wisconsin Form 29-2003) (if not submitted at the time documents were originally filed with the Court).