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How to remove the incorrect lien of claim on my commercial property

FloridaLien DeadlinesLien ForeclosureMechanics Lien

A subcontractor, drapery and shade installer got 75% payment and has placed a lien on my property for incorrect installation.

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Mar 18, 2020
There are a few different ways to combat a mechanics lien that's been filed against your Florida property. Before diving into those options, this article might help: A Mechanics Lien Was Filed on My Property – What Do I Do Now?

How to defend against a Florida mechanics lien

Let's look at a few separate options.

Having the lien claimant remove their lien

The fastest and least complicated way of getting a lien removed from the property title will be to have the lien claimant release the lien, themselves. Obviously, they will be reluctant to do that. One way to convince a claimant to release their lien might be to send a demand letter requesting it be released. If an owner can cite to specific issues with the lien claim, and if the owner can show that the claimant will face legal action, damages, attorney fees, etc. if they don't release the claim - then the owner may be able to convince the claimant to release their claim. Alternatively, or additionally, settling the claim can be an easy out. Agreeing to some form of settlement where the claimant will release their lien is a common way for disputes to be resolved. Often, a claimant will release their lien in exchange for partial payment.

Shortening the timeframe to enforce the lien

Mechanics liens have hard deadlines. If a Florida mechanics lien claim is not enforced within 1 year from the time they're filed, then the lien claim will expire and no longer be enforceable. This timeframe can be shortened quite a bit in Florida, though. One way to do that is to file a Notice of Contest of Lien and send notice of that filing to the mechanics lien claimant. This document is filed in the property record, much like a lien is, and it officially acts to shorten the claimant's timeframe to file their lien. So, it's kind of like a game of chicken - daring a claimant to make a move. If the lien claim isn't enforced within 60 days, then the lien will expire and become unenforceable. The timeframe to enforce can be shortened even further, though, to a mere 20 days. If the owner files and serves a summons and complaint for the lien claimant to show cause why the lien shouldn't be enforced or vacated - then the claimant will need to take action within 20 days. Though, since this is a legal filing, it'd likely require the help of a Florida construction attorney.

Challenging the lien claim

Officially challenging the lien claim is another way to respond to a lien claim in effort to get the claim removed. And, the first steps may well be the one discussed above. But still - pursuing legal action, with the help of an attorney, to challenge the claim's validity and to seek out damages and fees from the claimant is a common response from owners.

Bonding off the mechanics lien

Finally, if the lien claim must immediately be removed from the property title, then bonding off the lien may be a good option. Bonding off a lien claim won't make the claim disappear, but it will at least get the property out of the equation. Essentially, when a Florida lien claim is transferred to a bond, that just means the claimant will need to pursue their lien enforcement suit against the bond rather than the property, itself. For insight into what a claimant's next move might be after a lien is bonded off, this article may be useful: What to Do If Your Florida Mechanics Lien Is Bonded Off.
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