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However, does that real estate have to be free of a mortgage?
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No, but, and this is a big but, if your son decides to disappear or do anything that could cause his bail to be revoked and the house is siezed, you will still be on the hook for the outstanding mortgage, plus you will also will also be liable for the costs associated with the siezure and sale of the home. Also, if the home sells at auction for less that the bail amount, the city/county/state may start attaching other property to settle the debt. A judge will also have to approve the deal too. Read the section of your mortgage agreement about civil forfeiture, then decide if you really want to accept such a risk.