[CLC-Discussion] Lien Transfer Bond Question

[RPPTL CLC-Discussion]

I’m not sure you can actually kidnap yourself, but we can work on that.  We have your back.
Perla

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, December 21, 2022 10:57 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Lien Transfer Bond Question

Tell us more about this jelly of the month subscription and please differentiate between jelly, jam and preserves (if possible).
Sent from my iPhone


On Dec 21, 2022, at 10:51 AM, RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>> wrote:

Glad to hear you resolved the issue. It's amazing how much stuff bureaucrats make up and try to enforce when there's no legal or regulatory basis to do it. Have a great holiday

On Wed, Dec 21, 2022, 10:26 AM RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>> wrote:
All:

I appreciate your information on the transfer bond matter earlier this week. As an update,  it appears the clerk was visited by the ghosts of construction law past, present and future and had a change of heart so as to allow the transfer of the bond under Fla. Stat. Section 713.24 (I also mentioned that my boss only gave me a subscription to the jelly of the month club instead of a bonus this year so that may have helped as well). In all seriousness, thank you for your insights! May your holiday season be filled with joy and your Christmas or Hanukkah 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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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 4:49 PM
To: clc-discussion at lists.flabarrpptl.org<mailto: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)
10360 West State Road 84
Fort Lauderdale | FL 33324
(954) 370-9970  | Office
(954) 448-1133 | Cell
(954) 382-1988 | Fax
Website<http://www.kelleykronenberg.com/> | Email<mailto:gbrown at kelleykronenberg.com> | Bio<https://kelleykronenberg.com/attorney-profiles/gary-l-brown/>
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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

This e-mail communication (including any attachments) may contain legally privileged and confidential information intended solely for the use of the intended recipient. If you are not the intended recipient, you should immediately cease reading this message and delete it from your system. Any unauthorized reading, distribution, copying or other use of this communication (or its attachments) is strictly prohibited.

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Arlene C. Udick, Esq.
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(c) 352-217-3176

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