Does a release of lien need to be recorded in Florida?

(2) By the satisfaction or release of the lienor, duly acknowledged and recorded in the clerk's office. The satisfaction or release must include the lienor's notarized signature and set forth the official records' reference number and recording date affixed by the recording office on the subject lien.

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Sample Letter for Payoff of Loan held by Mortgage Company

Lien Release Letter For Property In Broward

Category:

Letters - Loans and Lending - Mortgages Payoff

State:

Multi-State

County:

Broward

Control #:

US-0019LTR

Format:

Instant download

Description

The Lien Release Letter for Property in Broward is a formal document used to notify parties involved in real estate transactions about the satisfaction of liens on a property. This letter serves several key functions, including providing evidence that a borrower has paid off a loan secured by the property, thus releasing the lien. It is critical for maintaining clear property titles and ensuring the property can be freely transferred without encumbrances. Users should fill in the specific details such as the date, recipient information, and loan payoff amounts, adjusting the letter to their specific circumstances. The form is particularly useful for attorneys who help clients navigate property transactions, partners who handle financial dealings, and paralegals or legal assistants who prepare documentation. Clear instructions are crucial for proper completion, as incorrect information can lead to title disputes or delays in property transactions. By including the accurate payoff figures and noting the accrual of interest, users can prevent misunderstandings and facilitate smooth resolutions in real estate matters.

Example of a mortgage payoff statement

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FAQ

(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk's office when not otherwise prohibited by law. This satisfaction must be signed by the lienor or the lienor's agent or attorney and attested by said clerk.

Do Florida lien waivers have to be notarized? No. Florida statute does not require statutory lien waivers be notarized. However, if using an alternate lien waiver form, and the terms state that the document needs to be notarized, then it will be required.

Obtain a Release of Lien, which is a written statement that removes your property from the threat of lien. Before you make any payments, make sure you receive this waiver from all suppliers and subcontractors, and that it covers the materials used and the work performed.

Wyoming, Texas, and Mississippi are the only states that require a person signing a lien waiver to have it notarized. The notarization requirement does not apply in Washington and Oregon, the two states we primarily serve at Northwest Lien.

Paper titles with a lien can be released by the lienholder signing a lien satisfaction form. Electronic Liens have to be removed electronically. This is done by the lienholder's “third party provider” that put the electronic lien on the title for them.

(2) By the satisfaction or release of the lienor, duly acknowledged and recorded in the clerk's office. The satisfaction or release must include the lienor's notarized signature and set forth the official records' reference number and recording date affixed by the recording office on the subject lien.

Legally, the only states that mandate the notarization of lien waivers are Mississippi and Wyoming. Texas previously required notarization, but that hasn't been the case since 2022.