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How can we get a frivolous mechanics lien removed from our property?

March 2019 signed a contract with roofer to tear off and replace roof. We had leaks, they said from Irma and would be covered by insurance. Early in August the crew left. Ran out of materials and would return. Soon after some workers came and said the company was out of business. They hadn't been paid in 3 weeks. Bill went over there and the doors were all locked up and sign on door said out of business. Not knowing what to do, we contacted a legit roofer. They came and finished the roof for us. In the beginning first contractor received between $31000.00 and $32000.00 for the first payment. I need to say that when they left they had completed approximately 75-80% of the roof. The final payment of $13000+ was to be paid when the roof completely done and inspected and all forms were sent to the ins co by them. Obviously they never completed the job, but in Nov. a letter arrived saying they have put a lien on our house for the final payment (which went to the roofer who actually finished the job). How do we get this lien off? They shouldn't be paid for a job they never finished. My husband is 84 and this whole mess has taken a real toll on him. Thank you, Pam

2 replies

Dec 30, 2019

There are a few ways in which mechanics liens can be removed from a property. In Florida, § 713.21 sets forth ways a mechanics liens may be discharged from a property. The good news is that an inappropriate mechanics lien may be removed from the property. The not-quite-as-good news is that doing so requires a court filing, and order from the court. Florida statutes state that a mechanics lien may be discharged: "By an order of the circuit court of the county where the property is located . . . Upon filing a complaint therefor by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record. Upon failure of the lienor to show cause why his or her lien should not be enforced or the lienor’s failure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien." A lien may also be voluntarily removed by the filer. It may be worth reaching out to the lien claimant and opening a discussion with respect to the lien, and attempting to have them remove it. A knowingly inappropriate lien may constitute a slander of title, for which the claimant may be liable. Pointing out the potential liability that may be imposed on a lien claimant when they have filed an insufficient lien, can be helpful in getting a lien removed.

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Dec 30, 2019

So if I understand correctly the contractor has done a few things wrong here that could be real trouble for him. First, work was stopped on Aug. 4. Lien was not filed until Nov. 20. That was 16 days late. Second, the lien is for work they never did. Only 75-80% of roof done by them. Third, a frivolous lien is a 3d felony in FL. Am I correct?

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