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Should I contact the person the lien was transferred to?

I filed a lien in Flordia and I got a notice that the lien was bonded on May 6, 2020. After looking at your resources I read that I would have to file a suit within one year of bonding a lien. What other steps can I take? Should I contact the person the bond was transferred to? Is there another document I can send through Levelset for this bond? Is it common to see two different amounts on the lien transfer? For example, the lien was for $13,235 and the document says the required amount is $19,188.10.

2 replies

May 8, 2020

To bond off a lien in Florida, the person (usually the owner, but sometimes the GC) must post an amount equal to the lien amount, plus 3 years interest at the statutory rate, plus 25% of the lien amount for attorney's fees. So that explains the different amounts. You can contact the surety if you like. But the reality is the surety is not going to do anything until you file suit. The person who purchased the bond is on the hook for the amount of the bond put up by the surety. So if they bonded off your lien (which requires MORE money than the lien amount) instead of paying you, what does that tell you about their willingness to pay you? There is no shortcut here. Hire an attorney and file suit to enforce your lien against the bond.

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May 18, 2020

I have reviewed your question posed on Levelset. Any action to foreclose a lien must be commenced within one year of its recording. You can shorten the time to commence by other methods in Chapter 713, Florida Statutes. If the lien was bonded off, it is appropriate the bond amount be greater than the amount of the original lien because the bond must include potential attorney’s fees.

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