While F.S. §713.21(4) requires the lienor to foreclose a claim of lien or show cause why the lien should not be discharged within 20 days, F.S. §713.22(2) permits an owner to shorten the one-year period in subsection (1) of the statute down to a period of 60 days by recording a “notice of contest of lien” in the clerk’s office.
Taking Notice of Florida’s Antiquated Equine Lien Laws
In most cases, to perfect a lien, the lienor in the horse business need only mail to the owner a “notice of lien.” 17 There is no specific deadline as to when this notice of lien is required to be delivered, nor are there requisites as to how this notice of lien is required to be served. 18 The case law interpreting F.S. §713.75 is minimal ...
The Foreclosure of Local Special Assessment Liens ... - The Florida Bar
Before filing suit, written notice of the intent to file must be provided 30 days before the actual filing to the last known address of the owner of record and the holder of any mortgage or lien. The notice needs to include certain things such as the description of the parcel, the amount of the outstanding special assessment, and the ...
1998 Changes to Public Works Bonds and Construction Lien Law
Effective July 1, 1998, the lienor is permitted to serve the original notice to owner by fax if the owner has placed a fax number for service in the notice of commencement, and the lienor can provide a confirmation sheet from the fax machine reflecting service. 14 Of course, if the owner does not desire to be served by fax, the owner may choose ...
Five Tips Every Real Estate Practitioner Should Know About Defective ...
After the mortgage goes into default for no-payment, Big Lender, Inc., sends its mortgage to its attorney for foreclosure. The attorney files a foreclosure action and names the current owner as a party defendant. When the owner is served a copy of the complaint for foreclosure, the owner files a claim with his title company.
Bankruptcy Is a Game Changer for Homeowner Associations
Second, an association must provide the requisite 45-day notice to the homeowner of a delinquency, and after the notice period expires, the association must record a claim of lien in the public records. 2 Third, the first lender’s security interest must have been recorded after July 1, 2008. 3
Florida’s New Commercial Real Estate Receivership ... - The Florida Bar
In order to protect the procedural due process rights of the owner before judgment is entered in the receivership action, following a notice to all parties with an interest in the property including lien holders, the court after a hearing may authorize the receiver to use or transfer receivership property other than in the ordinary course if ...
Subcontractors/Suppliers Beware: Form Over Substance
The recent trend of at least some Florida courts to prefer form over substance should send bells of alarm through the construction industry. The problem is focusing on the requirements of F.S. §713.06, mandating that subcontractors and suppliers who are not in direct privity with the owner must send a timely and adequate “notice to owner” to preserve their statutory construction lien ...
Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of ...
In the tidal wave of mortgage foreclosures filed in recent years, equitable subrogation has become a vitally important legal tool for mortgagees and other lienholders to protect their priority. The basic operation of subrogation is well described by the Restatement (Third) of Property in which it states that “one who fully performs an obligation of another, secured by a mortgage, becomes by ...
Judicial Interpretations of Presuit: How to Avoid Pitfalls of Bringing ...
This motion can be filed at any time after the completion of the presuit investigation by the parties and after any informal discovery. 56 The motion requests the court to determine whether the opposing party’s claim or denial rests on a reasonable basis. 57 If the court finds that the notice of intent to initiate litigation mailed by the ...