Menu
Home>Levelset Community>Legal Help>resolve a lien 2 years after the lien

resolve a lien 2 years after the lien

FloridaLien DeadlinesMechanics Lien

in 2019 i have hired a builder to build our home. the bank paid him but it seems that he did not pay his contractors. so 2 contractors put a lien on our property in august 2019. the builder went brankrupcy and the contractors that were not paid did not attempt any action. how can i resolve these lien as i would like to refinance my properties

5 replies

Sep 8, 2021
A construction lien expires after one year if suit to foreclose it has not been filed. It is settled law in Florida that nothing has to be done regarding an expired lien. Accordingly, title examiners ignore them.
0 people found this helpful
Helpful
Sep 8, 2021
but I can still see the lien under my records. Basically what you are saying is that the title can be release also by the bank and i can continue the process of refinancing. there is also another point i noticed the affidavit was signed by the builder in 04/2019 but the lien was opened in 08/2019 so really 4 months later so i have no knowledge nor the bank that this contractor has not been paid . if i knew it on time i could have retain some funds for him.
0
Report Spam
Sep 8, 2021
Documents recorded in public records remain visible to the public forever. The law says the lien is expired. Title examiners, lawyers and judges know this and what it means, so you should not be concerned about it.
0 people found this helpful
Helpful
Sep 8, 2021
correct me if i am wrong. after the lien has been put, the sub contractors should have done an action to the court. correct? but he did not so what's the point of the lien ?
0
Report Spam
Sep 13, 2021

In Florida, you have 1 year from the date of recording to sue on a claim of lien. If no action is taken, the lien expires by operation of law (meaning that you do not have to do anything for the lien to become invalid).

 

Any competent title searcher would recognize that an expired lien does not constitute an encumbrance on your property.

0 people found this helpful
Helpful