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How do I amend our Mechanics lien to assert a claim against the lien transfer bond?

FloridaMechanics Lien

We are a subcontractor and filed a lien on a property for non payment. The homeowner paid the Courts with the $1000 Fee that is added to transfer the lien to a bond. I only received a paper where the Lien was transferred to the bond and the FL Statute stating what needs ro be done. It is very confusing. I need ro find out how to get paid the money the homeowner paid the courts for the Lien we placed on thier property?

9 replies

Oct 23, 2020
Yes, lien transfer bonds are complicated. You don’t really need to do anything to transfer your lien to attach the bond; the filing of the lien transfer bond automatically transfers the claim of lien to the bond. I think what you want to know is how to get the bonding company to pay you. Two ways: 1) send a demand letter asking that the surety investigate the claim and pay you promptly (not likely to accomplish anything but good to document the file) and 2) file a lawsuit against the surety to collect on the bond (the usual method). In the meantime I would keep trying to negotiate with the owner. Keep in mind that if you are the prevailing party on the bond or lien claim, you may be able to recover your attorneys’ fees. Let me know if you need help. Andy Showen, direct 407-447-4528
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Oct 26, 2020

You would need to file an action to foreclose the lien against the bond. You should contact an attorney to determine what your options are.

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Oct 26, 2020
So when the Clerk of courts collected the money from the homeowner so he could release the lien from his property and they added $1000 onto his amount owed for attorney fees that is what the additional amount was for? To go towards our attorney fees? How do we know who the surety bond company is. The transfer paper they sent does not state this information. It just shows it recorded in the clerk of courts.
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Oct 26, 2020

The additional money is for attorneys' fees and interest. There may not be a surety if the property owner just deposited the full amount as cash with the clerk of courts. 

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Oct 26, 2020
  1. There should be a copy of the bond recorded with the notice. You should be able to look it up by going to the clerk’s website in the county, looking at the online case file (I infer you have already filed the foreclosure). If you haven’t filed, it should be recorded in the “official records” any you should be able to search by the name of the property owner .
  2. The bond amount does include an amount, like an allowance, to pay for attorneys’ fees. Your actual fees may be fore or less than that amount; it’s like a deposit on account.
  3. Any other question let me know.
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Oct 30, 2020
How do I get you guys to handle this for us. I have a copy of the license that was transferred to the bond. The homeowner did pay the full amount plus the $1000 to cover attorney fees
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Oct 30, 2020

Just contact an attorney. My information is available at www.hammerngavel.com, or you can visit https://www.floridabar.org/about/cert/cert-cl-mbrs/ to find a construction attorney near you.

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Oct 30, 2020
How can I go after a contractor for not paying for the concrete in my driveway,now I have a lien on my home in Florida?
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Jun 30, 2022

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