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US - United States v. Rojas, 2005 WL 3006078In United States v. Rojas, 2005 WL 3006078 (11th Cir. November 10, 2005) the defendant failed to appear, the bond was forfeited, and the bail agent started foreclosure proceedings against the residence of the indemnitor. The indemnitor took out a second mortgage and paid the amount of the bond to the agent. The defendant was eventually recovered, and the indemnitor asked the trial court to vacate the forfeiture and order the agent to return her money. The trial court ordered return of the money, less the agent's expenses in recovering the defendant, but the Court of Appeals held that there was no federal jurisdiction over the contractual dispute between the bail agent and the indemnitor. |
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