Guide to filing a mechanics lien in Hernando County

Need to file a mechanics lien in Hernando County, Florida? The good news is that you most likely have strong lien rights under Florida lien law. On the other hand, Florida’s lien laws can be a little confusing, and getting your lien claim right the first time takes a little bit of research. This page helps you get started by providing you with valuable information regarding the state lien law and the Hernando County Clerk’s own requirements.

The first step is to take a look at Florida law. Here are four important points you should be aware of:

  1. Florida requires contractors to submit a preliminary notice to the property owner. This documents is called a notice to owner in Florida, and they need to be sent within 45 days of first work. Otherwise, you could lose your right to file a mechanics lien.
  2. Mechanics lien deadlines are different in in Florida. That’s because deadlines in Florida are triggered by the date that work was last performed on a construction project. Lien claimants have 90 days after last work to file their lien claims.
  3. Although most participants on a construction project have the right to file, a select few do not. The parties that can’t file a mechanics lien are sub-sub-subcontractors, suppliers to suppliers, suppliers to sub-sub-subcontractors, maintenance workers, and unlicensed contractors who are doing work that requires them to be licensed.
  4. You should never exaggerate the amount the lien amount no matter which state you’re in, but in Florida it’s a felony. That’s why your lien claim should only account for the total value of labor and materials that you furnished for a construction project.

Our Florida Lien Laws FAQ page thoroughly explores these rules and regulations as well as includes the lien documents you’ll need to record your lien in Hernando County.

The rest of this page outlines frequently asked questions that Florida contractors often have. Browse the answers below to learn the Hernando County Clerk’s recording requirements, formatting requirements, recording fees, contact information, and more.

If you’re looking for a breakdown of the entire mechanics lien process in general, take a look at our step-by-step guide to filing a mechanics lien in Florida.

Where is the Hernando County Clerk's Office that files mechanics liens?

The Hernando County Clerk has two locations where you can go and file your mechanics liens. You can bring your documents to the following office locations in person at the addresses below:

Main Office
20 N. Main Street
Brooksville FL 34601

Hours of Operation:

Monday – Friday, 8:00 a.m. to 5:00 p.m.
Phone:
352-754-4201 (Automated Attendant)

Spring Hill Office
7405 Forest Oaks Boulevard
Spring Hill FL 34606

Hours of Operation:

Monday – Friday, 8:00 a.m. to 4:30 p.m.
Phone: 352-754-4201 (Automated Attendant)
The County Clerk also accepts electronic recording (E-Recording) of land record documents with four different industry partners: Simplifile, CSC, ePN, and Indecomm.

Customers including title companies, banks, attorney’s, lien filers, and others who submit documents to the clerk of court’s office for recording can now do so electronically, saving time and money on mailing expenses.

All you need is a computer, scanner and Internet connection.

What is Hernando County's Recording Backlog?

The Hernando County Clerk does not publicly disclose information on recording backlog.

Should my mechanics lien be filed in Hernando County, or some other county?

If the project is located in Hernando county, then yes, you will want to record your lien with the Hernando County Clerk’s office.

What are Hernando County's requirements for recording a mechanics lien?

The Hernando County Clerk’s recording requirements are as follows:

1. Use clear, black print or typing for best reproduction or photographing;

2. Reserve a 3-inch square at the top right-hand corner of the first page and a 1-inch by 3-inch space at the top right-hand corner of each subsequent page for use by the Clerk;

3. Date the body of the instrument;

4. List the mailing addresses of the grantee and grantor, if a transfer of interest in real estate;

5. Affix the name and address of the person to whom the instrument is to be returned on the front of the instrument;

6. Print, type or stamp on the face of the instrument in a legible manner the name and address of the person who prepared the instrument on all instruments by which the title to real estate or any interest therein or lien thereon is conveyed, created, encumbered, assigned or otherwise disposed of. (Instruments executed or acknowledged outside of the State, or before January 1, 1968, are exempt.);

7. Include a description of the real or personal property, if any;
Verify signatures agree with names in the body of the instrument and that they are legible and correctly spelled. Names must be printed, typed or stamped below the signatures;

8. Verify signatures are attested by two witnesses for transfer of any property. Names must be printed, typed or stamped below signatures;

9. Verify the acknowledgement of person(s) executing the instrument;

10. Verify the notary public seal, form of identification, printing of notary’s name and expiration date of notary commission;

11. Verify the corporate seal, if applicable;

12. Address envelopes to the attention of the Recording Division, Room 362, to ensure fast and efficient handling of mail transactions; and

13. Include a self-addressed stamped return envelope with all documents sent for recording. The envelope is required and should be sufficient in size and should have adequate postage affixed to accommodate the quantity of documents submitted.

 

What are the margin & page size requirements to file a lien in Hernando County?

The Hernando County Clerk’s recording fee is $10.00 for the first page and $8.50 for each additional page.

Additional Recording Fees

For indexing instruments recorded in the official records, which contain more than four (4) names: $1.00 per additional name
Lien Fees

Copy Fees

Copies of instruments in public records, by photographic process, of not more than 14″ x 8 1/2″: $1.00 per page
Certifying copies: $2.00

 

How can I make payment to the Hernando County Clerk?

The Hernando County Clerk accepts cash and credit card payments. Credit cards accepted are Visa, Mastercard, Discovery and American Express. Note that there is a 3.5% non-refundable transaction fee if paying by credit card.

What are the filing fees to record a mechanics lien in Hernando County?

The Hernando County Clerk’s recording fee is $10.00 for the first page and $8.50 for each additional page.

Additional Recording Fees

For indexing instruments recorded in the official records, which contain more than four (4) names: $1.00 per additional name
Lien Fees

Copy Fees

Copies of instruments in public records, by photographic process, of not more than 14″ x 8 1/2″: $1.00 per page
Certifying copies: $2.00

 

How do I get a recorded copy of my lien from Hernando County Clerk's Office?

There are many ways to obtain a recorded copy of your lien.

All Official Records and associated images from 1983 to present can be accessed online through the Hernando County Clerk’s Official Records search.

If you would like to submit a records request you may do so via telephone, fax, email, regular mail, or in person, by submitting a written request and the appropriate fee to the address below. Note that there is a 3.5% non-refundable transaction fee if paying by credit card.

For further questions regarding requests for copies or record searches in Hernando County, please contact the Recording Division at (352)540-6768 or 20 North Main Street, Room 161, Brooksville, FL 34601.

Do I have the right to file a mechanics lien in Hernando, Florida?

Determining whether you have the right to file a mechanics lien in Hernando, FL depends on your situation. Generally speaking, every state gives those who have furnished labor and/or materials to a construction project the right to file a mechanics lien if unpaid for the furnishing. The same is true in Florida. However, there are some state-specific limitations as to who is qualified to file a mechanics lien that is important when considering whether you have the right to file a mechanics lien in Hernando County, FL.

You can read more about lien rights and if you have the right to file a lien on our Florida Mechanics Lien Resources page.

What is the fee to file a Florida Preliminary Notice in Hernando County?

The fee to file a Florida Preliminary Notice in Hernando is $10.

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