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Things to consider before filing a lawsuit to foreclose on your Claim of Lien.

Florida lien law is very specific as to whom, how and when a contractor can file a Claim of Lien. There are also many prerequisites to the recording of a Claim of Lien. Failure to comply with the requirements of Florida Statute Chapter 713 could render an otherwise valid Claim of Lien unenforceable. Below is a list of the most common mistakes we see.

  1. A Notice to Owner was never sent or was sent after 45 days of commencing work. (Only parties contracting directly with the legal owner of the property do not need to serve a Notice to Owner).
  2. The Claim of Lien was not recorded within 90 days of the last day on the job. (This 90 day timeframe cannot be extended. No exceptions).
  3. The Claim of Lien form used is not the correct form.
  4. The amount due stated on the Claim of Lien is incorrect. (This could result in a Fraudulent Claim of Lien counterclaim by the owner)
  5. There is no proof of service for the Notice to Owner and/or Claim of Lien. (The best practice is to send copies to all proper parties via certified mail return receipt).
  6. The contractor executed a Final Release of Lien without having been paid in full for work performed.