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When is a notice of commencement required to be released

FloridaNotice of CommencementNotice of Termination

We had a screened in addition (bird cage) put in. The job was completed and fully paid for in June 2019, we discovered that the notice of commencement was still on our property in Dec 2019. We discovered this when we applied for an equity line of credit and the bank found this on their title search. I contacted the contractor and he told me these things take a year before they are released. Sounded like BS to me. What does the law require. Thank you

1 reply

Dec 13, 2019
Florida Notices of Commencement do automatically expire one year after a Notice of Commencement is filed - so, to some degree, your contractor is correct. However, note that a Florida Notice of Commencement may be terminated prior to its automatic expiration. Under Fla. Stat. § 713.132, a property owner is entitled to file what's called a Notice of Termination in order to release the Notice of Commencement from their property and to indicate that the project has come to a close. Additionally,  a copy of the Notice of Termination must be sent to the project's contractor and to every party who has a direct contract with the owner or has provided a Notice to Owner for the project. 30 days after this is done, the Notice of Commencement will be terminated. Note, of course, that a Notice of Commencement, itself, shouldn't have all that much impact during a title search - particularly when the project has been completed for a significant amount of time. The document, itself, doesn't serve as a claim for payment or a cloud against the property title - and a good title company or other company working with the property record should be able to discern that. For any other questions on Florida's Notice of Commencement: Florida Notice of Commencement FAQs & Guide.
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