Full question:
A notice of commencement was recorded 9 months ago for some replacement windows at our house. The job has been completed and paid for and all permits have been finalized. I am seeking to refinance and the title company says they can't release the title due to this Notice of Commencement. No liens exist and I have the paid in full receipt from the contractor. What are my options?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Florida
Answer:
In Florida, a notice of commencement must be recorded before starting construction on real property (Fla. Stat. § 713.13). This notice serves as a public record that improvements have been made, and it can affect your ability to refinance until it is terminated.
Since your project is complete and all payments have been made, you can file a notice of termination to officially end the notice of commencement. This notice should include:
- The same information as the original notice of commencement.
- The document book and page reference of the original notice.
- The date the notice of commencement is terminated, which cannot be earlier than thirty days after the notice of termination is recorded.
- A statement that all lienors have been paid in full.
After recording the notice of termination, it will take effect thirty days after it is recorded or on the date specified in the termination notice. This should allow the title company to release the title and proceed with your refinancing.
If you have questions about the process or need assistance, consider consulting with a legal professional to ensure everything is done correctly.
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.