Notice Of Transfer To Security Form - Construction - Mechanic Liens
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 fee for making and serving the certificate, in the sum
of $10. If the transaction involves the transfer of multiple liens, an
additional charge of $5 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.
(2) Any excess of the security over the aggregate amount
of any judgments or decrees rendered plus costs actually taxed shall be
repaid to the party filing the same or her or his successor in interest.
Any deposit of money shall be considered as paid into court and shall be
subject to the provisions of law relative to payments of money into court
and the disposition of same.
(3) Any party having an interest in such security or the
property from which the lien was transferred may at any time, and any number
of times, file a complaint in chancery in the circuit court of the county
where such security is deposited, or file a motion in a pending action
to enforce a lien, for an order to require additional security, reduction
of security, change or substitution of sureties, payment of discharge thereof,
or any other matter affecting said security. If the court finds that the
amount of the deposit or bond in excess of the amount claimed in the claim
of lien is insufficient to pay the lienor's attorney's fees and court costs
incurred in the action to enforce the lien, the court must increase the
amount of the cash deposit or lien transfer bond.
(4) If a proceeding to enforce a transferred lien is not
commenced within the time specified in s. 713.22 or if it appears that
the transferred lien has been satisfied of record, the clerk shall return
said security upon request of the person depositing or filing the same,
or the insurer.
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