[CLC-Discussion] Lien Transfer Bond Question

Mon Dec 19 14:06:27 PST 2022

I suggest you reach out to the Chief Deputy Clerk. Often misunderstanding the proper role of the clerk’s office happens at the counter level, and can be cleared up with a phone call or in-person discussion with more experienced employees.

Barry B. Ansbacher
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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 4:49 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

Never.

You pay cash (cashier’s check) or submit an approved surety bond and the clerk is supposed to transfer the lien and record the document(s).

At that point, the lienor is required to file an amended complaint “foreclosing” on the transfer bond instead of the property.

Good luck.

Gary L. Brown
Partner (Board Certified in Construction Law)
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion
Sent: Monday, December 19, 2022 4:09 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

I have never seen that.  My experience is that you just pay the money and the lien gets transferred.  Thanks. Arlene

On Mon, Dec 19, 2022 at 11:53 AM RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>> wrote:
I don't know of any basis for the clerk's position. We just transferred a lien into a bond in Brevard county without a problem.  It may be a local procedure requirement, ask the clerk to show you the rule they're relying on. There may not be one

On Mon, Dec 19, 2022, 11:15 AM RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>> wrote:
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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Arlene C. Udick, Esq.
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