[CLC-Discussion] Lien Transfer Issue

[Jeff Price]

We'll take the case for $410/hr and sort it for you. Don't give it another thought. Just kidding.

We'll work it up. Sounds interesting. Hope we never have it but you never know.



Sent via so-called "smartphone" so please excuse the typos and auto correct mistakes.


-------- Original message --------
From: "Charles B. Hernicz, Esq" <CHernicz at Herniczlegal.com>
Date: 07/07/2015 6:20 PM (GMT-05:00)
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Transfer Issue

A puzzler--would appreciate feedback.  Subcontract A files claim of lien in
March 2014 and a foreclosure action on the lien in July 2014.  Owner
initially transfers lien to cash bond, lienor files an amended complaint
against the cash bond, and later obtains a surety transfer bond.  The cash
bond is released by court order, and the lienor files an amended complaint
against the transfer bond in February 2015 BUT NEVER SERVES the surety with
the amended complaint to foreclose on the lien transferred to surety bond.
What does the owner do--just sit and wait to see what happens?  The
foreclosure against the bond is still timely under 713.24(4), but the
summons (issued in Feb 2015) was never served on the surety.

Chuck


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