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How can I remove an expired mechanics lien in Florida?

How can I remove an expired mechanics lien in Florida?

Q: How long is a lien valid for in Florida?

In Florida, a mechanics lien is valid for one year from the date it is filed. If the lienor does not file a lawsuit to enforce the lien within that year, it automatically expires. However, the validity can be extended under certain conditions, such as if additional work is performed after the lien is filed.

Q: How long does a contractor lien last in Florida?

A contractor lien in Florida lasts for one year from the date it is filed. If the contractor does not initiate legal action to enforce the lien within that period, it will expire. It's important for property owners and contractors to be aware of these timelines to protect their rights.

Full question:

A Florida licensed building contractor who normally practiced in the Sarasota, FL area contracted to rebuild my house after Hurricane Andrew. I fired him for nonperformance after his last completed step payment which I paid but he then filed a mechanics lien on my house (1994) for work not yet completed. The lien in fact was for reconstructing the entire house even though he only finished a small fraction of it. An attorney that I went to told me that the lien would expire in 1 year if he did not file suit so I just ignored it. Recently, I found out that that lien as well as one filed by one of his suppliers on my house is still listed on the Miami Dade county clerk's website. Do I need to petition the county clerk to have the lien removed or is it possible that it remains valid ?

Category: Contractors
Subcategory: Construction Liens
Date: 04/07/2025
State: Florida

Answer:

In Florida, a mechanics lien must be enforced within twelve months of filing. If the contractor did not file a lawsuit to enforce the lien within that time, it is likely expired. A lien can also be extended by an amendment if additional work or materials were provided after the lien was filed.

According to Florida law, a lien can be discharged in several ways, including:

By entering satisfaction of the lien in the clerk's office.
By the lienor's satisfaction being recorded in the clerk's office.
By not commencing an action to enforce the lien within the required time.
By a court order canceling the lien if the lienor does not show cause for its enforcement.
By recording a judgment that determines the lien's validity.

Since you mentioned that the lien is still recorded, you may need to take steps to have it formally removed. You can petition the county clerk to cancel the lien, especially if it has expired.

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.

FAQs

How do I remove an invalid lien in Florida?

To remove an invalid lien in Florida, you can file a petition with the county clerk to cancel the lien. If the lien is expired, you may also request a satisfaction of the lien to be recorded. Additionally, if the lienor does not take action to enforce the lien within the required timeframe, it may be automatically considered invalid. It's advisable to consult with a legal professional to ensure proper procedures are followed.

What is the lien law in Florida for contractors?

In Florida, mechanics liens allow contractors to secure payment for work performed on a property. A contractor must file the lien within 90 days of the last work performed and must enforce it within 12 months. If they fail to do so, the lien expires. The law aims to protect contractors while ensuring property owners are aware of any claims against their property (Fla. Stat. § 713.08).

What are the rules for liens in Florida?

In Florida, mechanics liens must be filed within a specific timeframe, typically within 90 days after the last work was performed. The lien must be enforced through a lawsuit within 12 months of filing. If these conditions are not met, the lien may become invalid. Property owners should be notified of any liens filed against their property, and they have the right to challenge them.

What makes a lien invalid in Florida?

A lien in Florida may be considered invalid if it is not filed within the required timeframe, if it lacks proper documentation, or if it is not enforced through a lawsuit within 12 months. Additionally, if the work claimed is not completed or if the lienor fails to follow statutory requirements, the lien may be challenged and deemed invalid.