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Does NOC need to be released in Florida in Official records?

My mtg co says it cannot close re-fi loan until a NOC “release” is filed in county records along w/the original NOC filed before pool start. Pool owner supplied a signed, stamped affidavit staying no lien and pool construction has been paid in full. This is in florida. Is this not enough or does pool co need to file a NOC release?

1 reply

Feb 13, 2020

There is no specific mandate in Florida law that a notice of commencement must be terminated or released, and, in fact, there is no process for filing a “Notice of Completion” or any other document to signify that the project has been completed. However, it is possible for a Florida Notice of Commencement to be terminated. The Florida statutes provide for this specifically in §713.132, stating that “an owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination.” It’s most common to see notices of termination filed whenever the owner or lender did something wrong with the original NOC, and needs to “re-do” or re-file it. In this case, the first NOC will be terminated and a second NOC will be filed. Additionally, it's worth noting that "[t]he recording of a notice of commencement does not constitute a lien, cloud, or encumbrance on real property . . . " and, accordingly, should not by itself stand in the way f closing a re-finance on the property if final lien waivers have been provided.

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