Use of Real Property as Security. Whenever real estate is proposed to be used as

U.S. District Court for the District of South Carolina

Rule Set: Local Criminal Rules of the U.S. District Court for the District of South Carolina

Rule: 46.04

Jurisdiction: DSC

Bluebook Citation: D.S.C. L.Cr.R. 46.04

security by an individual surety, such individual must demonstrate by satisfactory evidence that the unencumbered equity in such property is sufficient in amount to secure the bond. Such individual surety must agree to place a lien on the proffered real property. When the amount of the bond is more than twenty-five thousand dollars ($25,000), the court may require, in its discretion, independent appraisal to confirm the value of the property offered as collateral. In no event will an individual who seeks to justify as surety exclusively on the basis of real property be approved for an amount in excess of seventy-five percent (75%) of the equity in the property.

46.05: [Prior rule deleted (“Use of Personal Property as Security”) – substance incorporated in Local Crim. Rule 46.01 (D.S.C.) above.]

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