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?
- Category: Contractors
- Subcategory: Construction Liens
- Date:
- State: Florida
Answer:
When a lien is filed, you can contest it in a foreclosure suit or by posting a bond. The lien can be removed when a release or satisfaction of the lien is filed. In Florida, if a lienor does not file a suit to enforce their claim within sixty days after being served notice, the lien is automatically extinguished. The clerk will send a copy of the notice of contest to the lienor at their last known address, and service is complete upon mailing.
According to Florida statutes, a lien can be discharged in several ways:
- By entering satisfaction of the lien in the clerk's office.
- By the satisfaction of the lienor, which must be recorded.
- By the lienor's failure to enforce the lien within the specified time.
- By a court order after a complaint is filed by an interested party.
If the lien was filed more than ninety days after the last work was completed, it may be voidable. You should consult with a legal professional to determine the best course of action to contest or remove the lien.
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.