Attorney General's Opinion
Attorney General, Richard Blumenthal
June 24, 2005
Commissioner Leonard Boyle
Department of Public Safety
111 Country Club Road
Middletown, Connecticut 06457-9294
Dear Commissioner Boyle:
Your department has requested a formal opinion concerning the following questions:
“What impact, if any, does the placement of a lis pendens against property (real estate) have upon the bond limit set for a properly licensed and authorized bondsman, when the property in question has been designated as an asset by the bondsman in the calculation of their authorized bond limit?”
“What impact, if any does the placement of a lien against property (real estate) have upon the bond limit set for a properly licensed and authorized bondsman, when the property in question has been designated as an asset by the bondsman in the calculation of their authorized bond limit?”
Pursuant to Chapter 533,
Conn. Gen. Stat. § 29-147 states that the purpose of the renewal application is to permit the Commissioner to determine “whether for any reason such bondsman’s fitness to continue in such business has been otherwise altered since the issuance of any prior license.” The purpose of these licensing requirements is to ensure that, in the event of default, the bondsman has sufficient assets to secure the bond obligation. However, Chapter 533 does not set forth a formula to be used to calculate a bondsman’s financial fitness, therefore implicitly leaving this question a matter within the discretion of the Commissioner.
With this in mind we may answer your questions as follows:
Concerning the impact the placement of a lis pendens has on a bondsman’s authorized limit, it is important to remember that a notice of lis pendens is, under
In your second question, you ask about the effect of the placement of a lien on the property of a bondsman or bondsman applicant when that property has been designated an asset. A mortgage is perhaps the best-known type of lien. As you note in your request, your department typically deducts the amount of a mortgage from the fair market value of the property in determining the value of the property. In most circumstances, this will be the appropriate course to follow with other liens.
placed on the bondsman or bondsman applicant to initiate legal proceedings to reduce or discharge the lien if he believes there is reason to do so.
Very truly yours,
Assistant Attorney General