The Florida Bar

Search results for: Notice of Commencement, Notice to Owner, and Claim of Lien

Special Statutory Proceedings for the Discharge of Construction Liens

https://www.floridabar.org/the-florida-bar-journal/special-statutory-proceedings-for-the-discharge-of-construction-liens/

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

https://www.floridabar.org/the-florida-bar-journal/taking-notice-of-floridas-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 ...

How to Comply with Chapter 558 Florida Statutes ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/how-to-comply-with-chapter-558-florida-statutes-current-challenges-and-future-changes/

F. S. Ch. 558, otherwise known as the Florida Construction Defect Statute, requires owners to send a “notice of claim” to developers, contractors, subcontractors, suppliers, and/or design professionals identifying any alleged construction and/or design defects in “reasonable detail” before any litigation or arbitration for construction defects may be initiated.1 In other words, before ...

The Foreclosure of Local Special Assessment Liens ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/the-foreclosure-of-local-special-assessment-liens-what-where-why-and-how-of-the-civil-action-and-enforcement-methods/

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 ...

Bankruptcy Is a Game Changer for Homeowner Associations

https://www.floridabar.org/the-florida-bar-journal/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

Whose Shoes to Use: Achieving a Subrogation Footing in the Wave of ...

https://www.floridabar.org/the-florida-bar-journal/whose-shoes-to-use-achieving-a-subrogation-footing-in-the-wave-of-foreclosures/

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 ...

Are Contingent Payment Clauses Enforceable in Florida Construction ...

https://www.floridabar.org/the-florida-bar-journal/are-contingent-payment-clauses-enforceable-in-florida-construction-subcontracts/

The subcontractor then timely files a notice of nonpayment pursuant to F.S. §713.23(1)(d), putting the surety on notice that it has not been paid. ... in which a subcontractor had entered into a contract that provided for payment outside the time limits for imposing a lien claim on an owner’s property. Therein the court noted: The necessary ...

Aircraft Lien Law - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/aircraft-lien-law/

Florida’s statutory scheme governing aviation liens is a labyrinth. Practitioners are required to reconcile at least three different statutory chapters (i.e., Ch. 85, 329, and 713) when perfecting and enforcing an aircraft lien. These laws lack an over-arching coherence to the state’s various mechanic’s lien statutes. What is more, practitioners must further consider that although state ...

Equitable Liens and Construction Financing

https://www.floridabar.org/the-florida-bar-journal/equitable-liens-and-construction-financing/

Equitable liens are judicially imposed against property in the absence of any statutory or contractual basis for the creation of a lien.1 These liens arise in a number of different situations,2 but the below discussion is limited to situations involving construction financing. In this context, the project has gone awry and the construction lender may be pitted against two distinct sets of ...

Florida’s New Commercial Real Estate Receivership ... - The Florida Bar

https://www.floridabar.org/the-florida-bar-journal/floridas-new-commercial-real-estate-receivership-act-a-roadmap-for-judges-and-practitioners/

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 ...