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Can an NOC be revised to give the financing company lien rights?

FloridaNotice of Commencement
Anonymous General Contractor

We got NOC and pulled permit. We have not started the job yet but now the homeowner decided he is going to use a financing company. The financing company requires the NOC be pulled by the homeowner or the title company, not the contractor. Do we cancel, terminate or revise the NOC?

2 replies

Matt Viator
Construction Lawyer
Levelset Admin at Levelset
| 1,005 reviews
Oct 24, 2019
Ultimately, it sounds like that will be up to the financing company. So, asking the owner or asking the finance company directly should clear things up. If they're being this particular about who files the Notice of Commencement, they'll likely be particular as to what happens with the previously-filed NoC as well. As for what's possible... A Florida Notice of Commencement may be amended. Fla. Stat. § 713.13(5) specifically allows the amending of a Notice of Commencement "to extend the effective period, change erroneous information in the original notice, or add information that was omitted from the original notice." Further, a contractor could also terminate a Notice of Commencement under § 713.132. A Notice of Termination is filed much in the same way that the Florida Notice of Commencement is, and then an owner or title company could come back and file their own Notice of Commencement afterward.
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Oct 25, 2019
Thank you!  Unfortunately no one at the clerk of court knows how to amend an NOC.
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