Bond (or Lien to Bond)

Transfer of Claim of Lien from Real Property to Cash Deposit or Surety Bonds

This is a summary description of a procedure by which a person against whom a lien has been recorded can post a cash deposit or surety bond and have the lien transferred from their record while the parties attempt to reach some agreement about the amount of money owed, either through the courts or otherwise.

This is a complicated process and we advise that you get further information or clarification by contacting the County Records Division staff indicated in the last sentence below.

A. Claims of Lien on real property recorded in the Official Records in accordance with Chapter 713 of the Florida Statutes may be transferred from such lien to other security by either:

1. Posting a cash deposit (cash or cashiers check only). The deposit amount is determined by the amount of the lien, including:

a. The unpaid balance of the lien plus

b. The current interest rate at 11% per year for 3 years (33%) plus

c. $1,000 or 25% of the unpaid balance in the Claim of Lien, whichever is greater, for attorney/court costs that may be assessed in any proceeding to enforce the subject lien.

NOTE: A service fee will be deducted from the amount posted at the rate of 3% for the first $500 and 1.5% of the balance thereafter on cash deposits only.

2. Posting a bond executed as surety by a surety licensed to do business in Florida in an amount equal to:

a. The unpaid balance in such Claim of Lien, plus

b. Current interest rate thereon at 11% a year for 3 years (33%), plus

c. $1,000 or 25% of the unpaid balance in the Claim of Lien, whichever is greater, for attorney's fees/court costs that may be assessed in any proceeding to enforce the subject lien.

Recording fees, preparation fees, verification of surety, and copy fees are due in addition to the above amounts.

B. Judgment to other security: For transferring the lien of a Judgment to other security, contact the Clerk of Circuit Court, Court Registry, at 954-831-5659 or Clerk of County Court at 954-831-5625.

For further information call 954-357-7270 or 954-357-7274.

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