Bond (Lien to Bond) is a procedure that allows a person against whom a lien has been recorded in the Official records to post a cash deposit or surety bond, and have the lien transferred from their record while the parties attempt to reach an agreement about the amount of money owed, either through the courts or otherwise. This is in accordance with Chapter 713 of the Florida Statutes.
Cash Deposit
- Cash or cashier’s check only
- The amount of the deposit is determined by the amount of the lien, including
| a. |
The unpaid balance of the lien plus |
| b. |
The current interest rate per year for three years plus |
| c. |
$1,000 or 25 percent 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 lien |
- On cash deposits only, a service fee of three percent for the first $500 and 1.5 percent for the balance thereafter will be deducted from the amount posted.
- Additional recording fees, preparation fees and verification of surety fees also apply.
Surety Bond
- Bond must be executed by a surety licensed to do business in Florida
- The amount of the deposit is equal to:
| a. |
The unpaid balance in the Claim of Lien plus |
| b. |
The current interest rate per year for three years plus |
| c. |
$1,000 or 25 percent 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 lien |
- Additional recording fees, preparation fees and verification of surety fees also apply.
A Word of Caution
The transfer of a claim of lien from real property to cash deposit or surety bonds is a complicated process, and anyone considering it should contact an attorney or legal professional.
If you would like further information or clarification regarding the recording procedures or process, please contact:
Broward County Records, Taxes and Treasury Division
Attn: Specialty Desk
Governmental Center Room 114
115 S. Andrews Ave.
Fort Lauderdale, FL 33301
Or, call 954-357-7270.
To transfer the lien to any other security, contact the Clerk of Circuit Court, Court Registry, at 954-831-5659 or Clerk of County Court at 954-831-5625.
