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Is this Mechanic's Lien on my house enforceable?

FloridaMechanics Lien

Around 5 years ago, I had a plumber do work to unclog a sewer line for me on a rental property in Lee County, FL. I paid him $350. even though he failed to complete the job. He sent me an additional bill for $300. for extra time he spent, but STILL was unable to clear the line. So I paid another plumbing company who had the equipment to remove the shale in the cast iron pipes to allow the flow of the waste water. Problem solved. I spoke to the 1st company and argued that I should not have to pay their additional bill since they did NOT solve the problem and I had to hire a 2nd company who did. The 1st co. filed a mechanics lien on the property about about 5 years ago which I assume was done properly. Being extremely busy with other work of I had forgotten about it and am now wondering what kind of problem this will be for me. Is the lien still in effect? Do I have to pay or sue to remove it? Thanks for any advice!

2 replies

Oct 19, 2021
A construction lien must be enforced by the lienor filing a lawsuit to foreclose it within a year of filing. It's too late for the lienor to enforce the lien. Where things may get complicated is if you try to sell the house or refinance, and the lender or buyer gets a title report showing the lien. While I haven't personally dealt with how title companies approach this, I would expect that the title reviewer would also conclude that a 5 year old lien is no longer an encumbrance on your title.
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Oct 20, 2021
A lawsuit to enforce a claim of lien must be filed within one year of the date on which the lien was recorded. After that time, the lien is no longer valid. It will still appear in the official records, but it is of no force or effect.
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