[CLC-Discussion] Lien Transfer Bond Question

RPPTL CLC-Discussion clc-discussion at lists.flabarrpptl.org
Mon Dec 19 08:32:11 PST 2022


Hey Peter,

I transferred a lien to bond a few weeks ago in Miami for an ongoing litigation matter, and did not run into the issue of needing court order.  Just in case, my contact in the clerk’s office who handles lien transfer bonds is Lee Sutton (and her number is 3053497440).  Also, the clerk at the window who processed the transfer was Yadira Borges (and her number is 3053498998; she is in room 138 at window 8 or 9, if I recall correctly).

Was there a more specific reason given for needing a court order?  I know it is needed to increase a bond already in place, but it does not seem like this is the situation here.

Johnathan Ayers, Esq.
Stearns Weaver Miller Weissler
Alhadeff & Sitterson, P.A.
150 West Flagler Street, Suite 2200
Miami, FL 33130
Direct:  305-789-3517
Email:  jayers at stearnsweaver.com<mailto:jayers at stearnsweaver.com>
www.stearnsweaver.com<http://www.stearnsweaver.com/>

Certified by the Florida Bar in Construction Law

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Monday, December 19, 2022 11:04 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Lien Transfer Bond Question

All:

I have a client attempting to transfer a construction lien to bond under Fla. Stat. Section 713.24. The lien has been in litigation for several years. The Miami-Dade Clerk has taken the position that it may only transfer the lien with an order by the Court directing it to transfer the lien. I find no such authority in Fla. Stat. Section 713.24. Has anyone else encountered this issue? Many thanks in advance and may your Christmas and holiday season be merry!

Sincerely,

Peter B. Rowell
Board Certified Construction Attorney
The Law Office of Peter B. Rowell, P.A.
8950 S.W. 74th Court Suite 2201 A-71
Miami, Florida 33156
Phone: (305) 998-9657
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