How Do I get a Release of Lien for the Child Support Lien Placed Against My Home?
Full Question:
Answer:
Perhaps you are thinking of an action to enforce a consruction lien. The following is a FL statute related to construction liens:
713.22 Duration of lien. —
(1) No lien provided by this part shall continue for a
longer period than 1 year after the claim of lien has been
recorded or 1 year after the recording of an amended claim
of lien that shows a later date of final furnishing of
labor, services, or materials, unless within that time an
action to enforce the lien is commenced in a court of
competent jurisdiction. The continuation of the lien
effected by the commencement of the action shall not be good
against creditors or subsequent purchasers for a valuable
consideration and without notice, unless a notice of lis
pendens is recorded.
(2) An owner or the owner's agent or attorney may elect to
shorten the time prescribed in subsection (1) within which
to commence an action to enforce any claim of lien or claim
against a bond or other security under s. 713.23 or
s. 713.24 by recording in the clerk's office a notice in
substantially the following form:
NOTICE OF CONTEST OF LIEN
To: __(Name and address of lienor)__ You are notified that
the undersigned contests the claim of lien filed by you on
_____, __(year)__, and recorded in _____ Book _____,
Page _____, of the public records of _____ County, Florida, and
that the time within which you may file suit to enforce your
lien is limited to 60 days from the date of service of this
notice. This _____ day of _____, __(year)__.
Signed: __(Owner or Attorney)__
The lien of any lienor upon whom such notice is served andThe following FL statutes apply to child support liens:
who fails to institute a suit to enforce his or her lien
within 60 days after service of such notice shall be
extinguished automatically. The clerk shall mail a copy of
the notice of contest to the lien claimant at the address
shown in the claim of lien or most recent amendment thereto
and shall certify to such service on the face of such notice
and record the notice. Service shall be deemed complete upon
mailing.
55.204 Duration and continuation of judgment lien;
destruction of records. —
(1) Except as provided in this section, a judgment lien
acquired under s. 55.202 lapses and becomes invalid 5 years
after the date of filing the judgment lien certificate.
(2) Liens securing the payment of child support or tax
obligations as set forth in s. 95.091(1)(b) shall not lapse
until 20 years after the date of the original filing of the
warrant or other document required by law to establish a
lien. No second lien based on the original filing may be
obtained.
(3) At any time within 6 months before or 6 months after the
scheduled lapse of a judgment lien under subsection (1), the
judgment creditor may acquire a second judgment lien by
filing a new judgment lien certificate. The effective date
of the second judgment lien is the date and time on which
the judgment lien certificate is filed. The second judgment
lien is a new judgment lien and not a continuation of the
original judgment lien. The second judgment lien permanently
lapses and becomes invalid 5 years after its filing date,
and no additional liens based on the original judgment or
any judgment based on the original judgment may be acquired.
(4) A judgment lien continues only as to itemized property
for an additional 90 days after lapse of the lien. Such
judgment lien will continue only if:
(a) The property had been itemized and its location
described with sufficient particularity in the instructions
for levy to permit the sheriff to act;
(b) The instructions for the levy had been delivered to the
sheriff prior to the date of lapse of the lien; and
(c) The property was located in the county in which the
sheriff has jurisdiction at the time of delivery of the
instruction for levy. Subsequent removal of the property
does not defeat the lien. A court may order continuation of
the lien beyond the 90-day period on a showing that
extraordinary circumstances have prevented levy.
(5) The date of lapse of a judgment lien whose
enforceability has been temporarily stayed or enjoined as a
result of any legal or equitable proceeding is tolled
until 30 days after the stay or injunction is terminated.
(6) If no second judgment lien is filed, the Department of
State shall maintain each judgment lien file and all
information contained therein for a minimum of 1 year after
the judgment lien lapses in accordance with this section. If
a second judgment lien is filed, the department shall
maintain both files and all information contained in such
files for a minimum of 1 year after the second judgment lien
lapses.
(7) Nothing in this section shall be construed to extend the
life of a judgment lien beyond the time that the underlying
judgment, order, decree, or warrant otherwise expires or
becomes invalid pursuant to law.
85.051 Time of bringing action. —
When there has been no record of a notice of lien, action to
enforce a lien (if it exists without such record) must be
brought within 12 months from the accrual of the unpaid
rent, the performance of the work, or the furnishing of the
materials, and if there has been such record, the action
must be brought within 12 months from the time of such
record.
713.76 Release of lien by filing bond. —
(1) Any lienee may release his or her property from any lien
claimed thereon under this part by filing with the clerk of
the circuit court a cash or surety bond, payable to the
person claiming the lien, in the amount of the final bill,
and conditioned for the payment of any judgment which may be
recovered on said lien, with costs.
(2) Whenever a lienee brings an action in the appropriate
court with respect to any property which has been wrongfully
detained by a lienor in violation of this section, the
lienee, upon a judgment in the lienee's favor, shall be
entitled to damages, reasonable court costs, and attorney's
fees sustained by the lienee by reason of such wrongful
detention.
(3) Any lienor who, upon the posting of the bond, fails to
release or return the property to the lienee pursuant to
this section is guilty of a misdemeanor of the second
degree, punishable as provided in s. 775.082 or s. 775.083.