I am a homeowner. We had a roof put on in 2017 and it was a bad roofing job. There were numerous “fixes” not to mention the roofers left beer cans in our driveway and were obviously drinking on the job. They finally made the last repair in May of 2019-but, never repaired damages to our property and cost us money for other issues (leaking roof) that were not paid back. We never signed a contract agreeing to the price. The owner contacted us about our balance and we did not agree. He ended up filing a lien. It’s my understanding that because he did not take it further and it has been over a year, it can be dismissed. What are my options? How do I get the lien removed? Thank you.
Florida mechanics liens are only valid for a period of one year from the date the claim was recorded. If no action is taken to enforce the claim within that timeframe it expires, and is automatically discharged by law.
However, although the claim is no longer valid, that doesn't necessarily mean it has been removed from your property records. (Although most prudent title examiners will ignore liens over a year old if no lis pendens has been recorded). So, technically, nothing is required.
That being said, if you wish to remove the claim from your property title; unfortunately, without the cooperation of the lien claimant, you will need to obtain a court order to have the claim removed. At the very least, send a letter demanding the release of the claim to the lien claimant before proceeding with this.
Lastly, if a court order is necessary, you may want to reach out to a Florida construction attorney personally to help guide you through this process.