In Tampa FL a Sub contractor filed an exaggerated lien 6/25/2018, no other action taken. As the homeowner, how do I 1. Get the unenforceable lien removed? 2. Hold individual to exaggerated lien 3rd felony consequences?
3 replies
Dec 13, 2019
Removing an Expired Florida Mechanics Lien
Under Florida Lien law, a mechanics lien is automatically discharged by law. Under Fla. Stat. §713.21(3), "a lien properly perfected may be discharged by... failure to begin an action to enforce the lien within the time prescribed by this part." Keep in mind, that just because the lien claim is discharged, the lien may remain on the public records. Most title examiners will ignore a lien that's over a year old if there is no lis pendent filed.
But having the lien claim on the title of the property can still be burdensome, and cause lenders some apprehension. The first option would be to send a demand letter to the claimant to remove the lien. This is a bit of a long shot, as a disgruntled claimant likely won't want to comply. The other option would be to petition the court to have the expired lien removed from the property. As the lien is expired, this won't be too difficult, but will still require an attorney to guide you through the process.
We have a few Tampa construction attorneys in our Expert Centercommunity that may be able to assist you. Another good place to start would be the Florida Bar Association Lawyer Referral Service.
Exaggerated Florida Lien Claims
As far as an exaggerated lien claim. In order to invoke the criminal sanctions under Fla. Stat. §713.35for making or furnishing a false statement, the claimant will need to file a complaint with the Office of Statewide Prosecution. Once filed the state attorney or statewide prosecutor will forward a copy to the Department of Business and Professional Regulation, which regulates contractor licensing. The Department will open an investigation into the matter. If they find that there is probable cause, a copy of the investigative report will then be sent back to the statewide prosecutor/state attorney to initiate an action against the contractor.
1 person found this helpful
Helpful
Dec 13, 2019
thank you Alex, how do I petition the court to remove lien pro se?
0
Report Spam
Dec 13, 2019
Although I don't practice in the state of Florida, the process should be relatively straightforward. If deciding to go pro se, this will typically entail a simple petition to the court for the removal of the lien claim.
This usually involves using the required format for filings which can be found by contacting the Hillsborough County Clerk of the Courts. Essentially, this form should have the required header, footer, and margin requirements; along with a statement of facts and a request for the removal of the lien. Be sure to include the proper lien number and property address within the complaint.
Although the clerk of the court cannot provide legal advice, they can provide procedural information to those who are representing themselves. The clerk's office also provides a Pro Se FAQs page to help answer any general questions.
Hope this helps. Good luck!