Can a Mechanics Lien Be Removed in Florida? Legal Options for Property Owners

In this article, we will understand if a mechanics lien can be removed, and what are the legal options for property owners.

What Is a Mechanics Lien in Florida?

A mechanics lien gives those who improved a property the right to secure payment by attaching a claim to that property. Florida law makes this process highly technical, with specific deadlines and notice requirements that must be followed. If a lien is not resolved, the claimant may file a foreclosure lawsuit, which could lead to a forced sale of the property.

Valid vs. Invalid Liens

Not every lien is enforceable. A lien may be invalid if the claimant did not follow the law precisely. Examples include:

• No Notice to Owner: Subcontractors and suppliers must provide this within 45 days of first furnishing work or materials.

• Late Filing: The Claim of Lien must be recorded within 90 days of last furnishing labor or materials.

• Incorrect or Missing Details: Errors in property description, claimant information, or required statements can void a lien.

• Inflated Amounts: A lien for more than what is truly owed may be considered fraudulent.

• Unlicensed Work: If the work required a license and the claimant did not hold one, the lien is invalid.

Legal Options to Remove a Mechanics Lien

If a lien has been filed against your Florida property, these are the primary strategies for removal:

1. Negotiation and Payment

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The most straightforward path is to resolve the debt. Once paid, the lienor must provide a signed Satisfaction of Lien, which should then be recorded to clear the title. If the amount is disputed, settlements can often be negotiated.

2. Notice of Contest of Lien

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By filing this document with the clerk, you shorten the lienor’s time to enforce the lien through a lawsuit from one year to only 60 days. If no lawsuit is filed in that time, the lien is automatically extinguished.

3. Bonding Off the Lien

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If you need a clear title immediately, for example before a sale or refinance, you can transfer the lien from the property to a surety bond or cash deposit with the court. This frees the property while leaving the dispute tied to the bond.

4. Court Action

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When a lien is defective, you can challenge it in court. Options include a declaratory action to have the lien declared invalid or a motion requiring the lienor to justify the lien. If the lien fails to hold up, the court will order its removal.

How Long Does a Mechanics Lien Last in Florida?

A lien in Florida typically remains valid for one year from the date of recording. During this time, the lienor must file a foreclosure lawsuit to enforce the claim. If they do not, the lien expires automatically. Filing a Notice of Contest of Lien can reduce this period to only 60 days.

Preventing Future Liens

Avoiding liens altogether is the best protection. Property owners can:

• File a Notice of Commencement before work begins, ensuring transparency about who is involved in the project.

• Collect Lien Releases with every payment made, including a final release at project completion.

• Monitor Notices to Owner and address them promptly, since they signal that subcontractors or suppliers may have lien rights.

FAQs

How do I know if a lien is valid?

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Review the lien for proper timing, required notices, and accurate information. Because compliance is technical, professional review is often necessary.

Can a lien be challenged without going to court?

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Yes. Many disputes are resolved through negotiation, payment, or bonding off before litigation becomes necessary.

How long does a contractor have to enforce a lien?

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One year from recording, unless shortened to 60 days by a Notice of Contest of Lien.

Can I sell my property if there is a lien on it?

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A lien makes selling or refinancing extremely difficult. Most title companies will require the lien to be satisfied, discharged, or bonded off before closing.