Hi,
I have a silver surety bond and need to know where do I send this bond so it can be registered? I tried to register it with real property in my county but they won’t accept it. Please advise.
Thanks
1 reply
Jun 17, 2020
I'm not entirely sure what kind of bond you're referring to, but here's some information that might help.
If you're talking about filing a payment bond on a private project in order to protect that project from future bond claims: Sec. 53.174 of the Texas Property Code states "The county clerk shall record the bond, the notice, and a certificate of mailing in the real property records." So, the county clerk of court is generally required to record the payment bond in the property record. If they refused to record the bond, contacting them to discuss why the filing was rejected would be a good step. Additionally, asking the surety company who provided the bond to assist you might help, too.
The same actually applies when bonding off a Texas mechanics lien. Sec. 53-171 of the Texas Property Code covers bonding off Texas lien claims. Under that section, the county clerk is required to file the bond if it's in the proper form. And, asking the clerk for clarity about why they will or won't record it, or asking the surety company for help may be useful.