Palm Beach Florida Release of Lien Claim
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FAQ
To record a Notice of Commencement (NOC) in Palm Beach County, you should submit the NOC form to the Palm Beach County Clerk’s Office. This document indicates that construction has begun and helps protect your rights regarding any Palm Beach Florida Release of Lien Claim that may arise. For detailed instructions and forms, visit US Legal Forms for assistance.
If filed, once the lien claimant is served with a copy of the notice, the lien must be released or foreclosed upon within 60 days.
ACCORDING 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.
FLORIDA'S CONSTRUCTION LIEN LAW ALLOWS SOME UNPAID CONTRACTORS, SUBCONTRACTORS, AND MATERIAL SUPPLIERS TO FILE LIENS AGAINST YOUR PROPERTY EVEN IF YOU HAVE MADE PAYMENT IN FULL. UNDER FLORIDA LAW, YOUR FAILURE TO MAKE SURE THAT WE ARE PAID MAY RESULT IN A LIEN AGAINST YOUR PROPERTY AND YOUR PAYING TWICE.
A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period.
The lien release must be filed with the same clerk with whom the original construction lien was filed. If the lien claimant is filing it, the lien release should be provided to the owner and to whomever you have a contract so that they are aware that it has been recorded.
If you want to remove a lien from your property, you need to do one of two things: 1) have the contractor record a release of the lien or 2) file an appeal to have the lien released.
How to Remove a Mechanic's Lien From Your Florida Home Demand That the Contractor Release the Mechanic's Lien.Filing a Petition With the Courts.Contact a Fort Lauderdale Real Estate Attorney for Help Today.
The property owner can shorten the deadline If filed, once the lien claimant is served with a copy of the notice, the lien must be released or foreclosed upon within 60 days. The second, and more drastic measure, is to File an Action to Show Cause.
Florida lien law does require that a release of lien be filed once the construction lien claim has been resolved, and it is something that the property owner will demand.
