Lien Foreclosure Florida For Construction
Description
How to fill out Complaint Or Petition To Foreclose On Mechanic's Lien?
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FAQ
How to Put a Lien on a Property in Florida File a Florida Notice to Owner. ... Record the Lien with the Local County Clerk. ... File an Amended Lien Claim if Necessary. ... Enforce the Lien Against the Property Owner. ... Discharge or Release the Lien Once Paid in Full.
Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.
A lien is enforced by filing a lawsuit to foreclose the lien. Most often, this lawsuit will need to be filed in a county or circuit court based on the property's location. In some scenarios, your suit can be filed using Florida Small Claims Rules.
After filing the ?Notice to Owner,? the official lien is to be filed within 90 days of the final furnishings of service or 90 days from the termination of the contract between the general contractor and the owner, whichever comes first.
ING TO FLORIDA'S CONSTRUCTION LIEN LAW (SECTIONS 713.001-713.37, FLORIDA STATUTES), THOSE WHO WORK ON YOUR PROPERTY OR PROVIDE MATERIALS AND SERVICES AND ARE NOT PAID IN FULL HAVE A RIGHT TO ENFORCE THEIR CLAIM FOR PAYMENT AGAINST YOUR PROPERTY. THIS CLAIM IS KNOWN AS A CONSTRUCTION LIEN.