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.
When is a “Final Construction Lien Release” Really Final?
One consequence of giving a statutory waiver and release of lien upon final payment is that the owner is not obliged to serve a notice of termination of notice of commencement on the lienor who has given the waiver and release of lien upon final payment. 11 One could argue that this provision in pari materia supports the position that there are ...
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: What, Where, Why ...
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 ...
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
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 ...
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 ...