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Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 6352
Experience:  29 years of experience in General Practice, Real Estate Law and Estate Law.
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I am trying to close on a loan within two weeks. A man did

Customer Question

I am trying to close on a loan within two weeks. A man did some work on my property, he buried the trees instead of burning them at the end of doing $18000 of work. I owed him $3500.00. I would not pay him the balance until he removed the tree trunk. He refused so I did not pay him the final balance. He did the work under a Corporation name and billed me on his business name. I went to where he lives and he moved and I cannot get in contact with him I looked in all the county records where he lived. The Corporation went out of business in 2009, the line is still being enforced in my county. I have looked everywhere on the internet to find his Address and Phone # ***** lien has 4 more years on it till default. Can I go to the county and bond it, or is the fact that the Corporation is not operating anymore kill the lien. Florida Orange County
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 1 year ago.

Was this a judgement lien or a mechanic's lien? http://www.nolo.com/legal-encyclopedia/judgment-liens-florida-46828.html

Customer: replied 1 year ago.

mechanics lien. He did not file it under his business name but personal name But the invoices are in the business name

Expert:  Attyadvisor replied 1 year ago.

That is odd that he filed it under his name. In any event I am curious if he followed the proper procedures and if the lien is valid upon closer scrutiny. In the meantime the two ways to get the lien removed are by court order or as you stated above by bond. Is your property in Orange county? http://www.myfloridalicense.com/dbpr/pro/elboard/documents/florida_lien_law.pdf

“When a construction lien is recorded,the lien can be transferred to a lien transfer bond (thereby removing the encumbrance or cloud on the property caused by the lien). The procedure to transfer a lien to a lien transfer bond is statutory in nature and governed under Florida Statute §713.24.” http://www.floridaconstructionlegalupdates.com/transferring-a-lien-to-a-lien-transfer-bond-during-a-lien-foreclosure-lawsuit/

This is the applicable statute

713.24 Transfer of liens to security.—

(1) Any lien claimed under this part may be transferred, by any person having an interest in the real property upon which the lien is imposed or the contract under which the lien is claimed, from such real property to other security by either:

(a) Depositing in the clerk’s office a sum of money, or

(b) Filing in the clerk’s office a bond executed as surety by a surety insurer licensed to do business in this state,

either to be in an amount equal to the amount demanded in such claim of lien, plus interest thereon at the legal rate for 3 years, plus $1,000 or 25 percent of the amount demanded in the claim of lien, whichever is greater, to apply on any attorney’s fees and court costs that may be taxed in any proceeding to enforce said lien. Such deposit or bond shall be conditioned to pay any judgment or decree which may be rendered for the satisfaction of the lien for which such claim of lien was recorded. Upon making such deposit or filing such bond, the clerk shall make and record a certificate showing the transfer of the lien from the real property to the security and shall mail a copy thereof by registered or certified mail to the lienor named in the claim of lien so transferred, at the address stated therein. Upon filing the certificate of transfer, the real property shall thereupon be released from the lien claimed, and such lien shall be transferred to said security. In the absence of allegations of privity between the lienor and the owner, and subject to any order of the court increasing the amount required for the lien transfer deposit or bond, no other judgment or decree to pay money may be entered by the court against the owner.The clerk shall be entitled to a service charge for making and serving the certificate, in the amount of up to $20. If the transaction involves the transfer of multiple liens, an additional charge of up to $10 for each additional lien shall be charged. For recording the certificate and approving the bond, the clerk shall receive her or his usual statutory service charges as prescribed in s. 28.24. Any number of liens may be transferred to one such security… http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html

General information.

http://answers.uslegal.com/contractors/construction-liens/16020/

Based on the time frame for your refinance the bond will be the quickest remedy. I would consider pursuing this once you have closed your re-finance as I suspect there may be issues with his lien.

If you have the name of the company I can take a look for him. If you would be kind enough to rate my service positively so I may receive credit for my work I would appreciate it. Thank you for using JA!

Expert:  Attyadvisor replied 1 year ago.

Do you have any additional questions for me today? Please ignore the additional service request it appears to auto-generate.

I hope that the information I provided was helpful and that you will be kind enough to rate my service positively so I may receive credit for my work. Thank you for using JA!

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