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How long do I have to take action on a transfer lien to bond?

FloridaBonding Off LienLien DeadlinesMechanics Lien

Good afternoon, The above article states the following: "Once a lien is “bonded off”, the clock starts ticking for the claimant. The claimant has one year to file suit against the bond that replaces the lien." I previously had a mechanics lien on a property. The lien expires on 1.23.2020. I just received notice that the lien was transferred to a cash bond on 1/16/2020. Do I have a year from 1/16/2020 to take action on the bond, or is it still a year from the claim of lien? According to the above article, it would be one year from the transfer. Please get back to me when you have a chance. Thank you

1 reply

Jan 27, 2020
According to Fla. Stat. § 713.24(4), an action must be commenced against the bond "within 1 year after the transfer" unless that time is otherwise shortened. So, based on that language, it seems that the timeframe for filing an action on a bonded off lien would be from the time of the transfer and not the time of the notice of the transfer. Regardless, though - it might be a good idea to play it safe and assume the earlier of the relevant dates will apply. Further, as mentioned in the following article, keep in mind that other factors could shorten the timeframe for filing suit - like if a Notice of Contest is filed. Further discussion here: Bonding Off Liens: Florida Claimants May Face Extra Requirements.
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