Hi
I have 3 lien on my property 2 are nearly two years old and no action has been taken and the last one will be one year old by the end of March. How can I take them away ? Thanks
1 reply
Feb 6, 2020
Mechanics liens can affect property owners long after the lien has expired. Liens won't just disappear once they expire - rather, they'll linger in the record. And, while a lien shouldn't affect the property title forever, it can spook those who take a peek at the property title for potential buyers and lenders.
Removing a Florida mechanics lien
The fastest way to get a lien removed from the property title is to have the claimant do that themselves. So, convincing a claimant to release their expired lien might be a good start. This might be done by negotiating partial payment or by simply demanding - perhaps via attorney letter - that the claimant release their lien. Under § 713.21(3), a lien may be discharged "By failure to begin an action to enforce the lien within the time prescribed in this part." Though, again, this won't be automatic - and requesting a lien claimant remove their lien based on that section might potentially move the needle.
Finally, while certainly not the cheapest or easiest option, an owner can always hire an attorney to represent them in challenging filed liens and forcing their discharge.
And, of course, bonding off mechanics liens is always an option. Though, it can be an expensive one - and, bonding off an expired lien might not make much sense.
Regardless of the method that will be chosen, consulting with a local Florida construction attorney will be valuable when deciding how to have mechanics liens removed from your property. They'll be able to review the relevant documentation and circumstances and advise on how best to proceed. Plus, they'll be better versed in the ins and outs of mechanics lien removals.