Notice Of Intent To Foreclose Lien Foreclosure
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How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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FAQ
A mechanic's lien can only be foreclosed on by the judgment of a court of competent jurisdiction. The judgment entered in such a proceeding shall foreclose the lien and order the sale of the property subject to that lien.
You must file a complaint to foreclose the lien within one year of recording of claim of lien. The complaint must be filed in the circuit court for the county in which the project property is located.
A lien foreclosure action is a lawsuit to foreclose the mechanics lien. The lien claimant must file a lien foreclosure action within 90 days of the date that he or she recorded the mechanics lien. Often a lien claimant with a valid claim will fail to follow through, making the lien invalid.
The lender must sue the borrower and obtain an order to foreclose. Depending on the court schedule and load, it normally takes from 180 to 200 days to complete the foreclosure process in Florida. If contested by the borrower or if the borrower files for bankruptcy, this process may be delayed further.
The lien must be foreclosed in one year (713.22) unless the person or entity who owns the property upon which the lien is placed files a Notice of Contest of lien (713.18) which shortens the duration to 60 days from the date of the Notice of Contest.