What are the requirements to remove a lien against my property?

04/15/2009 - Category:Contractors - Construction Liens - State: FL #16020

Full Question:

A lien was filed on Sept. 18th 2008 on my property but no notice was sent to me. I found out about it and was told by the clerk I could file a 'Contest of Lien' which I did last week. But the lien was filed more than 90 days after the last day of any work. Can it be voided and what should I file to get rid of it if it can be voided?

Answer:

When a lien if filed, a person may contest the lien in a foreclosure suit or post a bond to contest the lien. The lien is removed from the records when a release or satisfaction of the lien is filed. Florida statutes allow the proeprty owner to post a bond and contest the lien. The law provides that "The claim of any lienor upon whom the notice is served and who fails to institute a suit to enforce his or her claim against the payment bond within 60 days after service of the notice shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the lienor at the address shown in the notice of nonpayment or most recent amendment thereto and shall certify to such service on the face of the notice and record the notice. Service is complete upon mailing. "

The following are from Florida statutes:

713.20 Waiver or release of liens. —
(1) The acceptance by the lienor of an unsecured note for all or any part of the amount of his or her demand shall not constitute a waiver of his or her lien therefor unless expressly so agreed in writing, nor shall it in any way affect the period for filing the notice under s. 713.06(2), or the claim of lien under s. 713.08.
(2) A right to claim a lien may not be waived in advance. A lien right may be waived only to the extent of labor, services, or materials furnished. Any waiver of a right to claim a lien that is made in advance is unenforceable.
(3) Any person may at any time waive, release, or satisfy any part of his or her lien under this part, either as to the amount due for labor, services, or materials furnished or for labor, services, or materials furnished through a certain date subject to exceptions specified at the time of release, or as to any part or parcel of the real property.
713.21 Discharge of lien. —
A lien properly perfected under this chapter may be discharged by any of the following methods:
(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk's office when not otherwise prohibited by law. This satisfaction shall be signed by the lienor, the lienor's agent or attorney and attested by said clerk. Any person who executes a claim of lien shall have authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same.
(2) By the satisfaction of the lienor, duly acknowledged and recorded in the clerk's office. Any person who executes a claim of lien shall have authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same.
(3) By failure to begin an action to enforce the lien within the time prescribed in this part.
(4) By an order of the circuit court of the county where the property is located, as provided in this subsection. Upon filing a complaint therefor by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record. Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor's failure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien.
(5) By recording in the clerk's office the original or a certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action.


Please see the information at the following links:

http://definitions.uslegal.com/l/lien-waiver/ http://lawdigest.uslegal.com/contractors/construction-liens/ http://lawdigest.uslegal.com/real-estate-laws/contractors-and-liens/7355/ http://definitions.uslegal.com/l/liens/ http://definitions.uslegal.com/m/mechanics-lien/ http://definitions.uslegal.com/b/breach-of-contract/ http://definitions.uslegal.com/c/contract-law/

Please see the forms at the following links:

http://www.uslegalforms.com/fl/FL-03205.htm http://www.uslegalforms.com/fl/FL-03204.htm http://secure.uslegalforms.com/cgi-bin/forms/query.pl?S-C-FL-B-construction~liens

04/15/2009 - Category: Construction Liens - State: FL #16020

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