Full question:
My ex filed a lien against my property for back child support for which she has no documentation. I filed a Contest of Lien on January 5, 2009. Her response was a 'Contest of Contest of Lien' (?). The 60 day requirement for her to file suit to enforce the lien has expired. What do I have to do to get this lien removed from the records as we are attempting to sell our house and can't do it with the lien on the property?
- Category: Judgment Liens
- Date:
- State: Florida
Answer:
In Florida, if a lienor (in this case, your ex) does not file a lawsuit to enforce a lien within 60 days of being served with a Contest of Lien, the lien is automatically extinguished (Fla. Stat. § 713.22). Since you filed your Contest of Lien on January 5, 2009, and the 60-day period has expired without her filing suit, the lien should no longer be valid.
To ensure the lien is removed from the public records, you can take the following steps:
1. **Obtain a certified copy of your Contest of Lien** and any related court documents showing that no action was taken by your ex.
2. **File a motion to release the lien** with the clerk of the circuit court, providing evidence that the 60-day period has passed without enforcement action.
3. **Request a formal release of the lien** from the court, which will allow you to sell your property without any encumbrances.
If you encounter difficulties, it may be beneficial to consult with a legal professional for assistance in navigating the process.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.