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.
Statutes Affecting Florida Construction
https://www.floridabar.org/the-florida-bar-journal/statutes-affecting-florida-construction/
The first step in complying with the lien law is for the owner to record a notice of commencement in the official records of the county where the project is located. ... a prerequisite for non-privity lienors to claim a lien against an owner’s property in case of non-payment.
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 ...
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 ...
How to Comply with Chapter 558 Florida Statutes ... - The Florida Bar
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 ...
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 ...
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 ...
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
Are Contingent Payment Clauses Enforceable in Florida Construction ...
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 ...
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 ...