A lien can be created in three ways:
• By Statute;
• By Contract; and
• Pursuant to the Constitution of certain states.
Stallion owners have lien on the foal and the mare for unpaid stallion service. Stallion owner must perfect the lien within a certain period of time after the breeding service in the mare’s county.
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A lien that has been continued beyond the 1-year period by the commencement of an action is not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded.
Obtain a Release of Lien, which is a written statement that removes your property from the threat of lien. Before you make any payments, make sure you receive this waiver from all suppliers and subcontractors, and that it covers the materials used and the work performed.
Section 713.31 - Remedies in case of fraud or collusion (1) When the owner or any lienor shall, by fraud or collusion, deprive or attempt to deprive any lienor of benefits or rights to which such lienor is entitled under this part by establishing or manipulating the contract price or by giving false affidavits, ...
If the court finds that the amount of the deposit or bond in excess of the amount claimed in the claim of lien is insufficient to pay the lienor's attorney's fees and court costs incurred in the action to enforce the lien, the court must increase the amount of the cash deposit or lien transfer bond.
An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days. Failure of the lienor to timely file a lawsuit renders the lien invalid.
A Notice to Owner must be served on the owner within forty-five (45) days from the date that the lienor first furnished labor and/or materials to the project. Failure to provide a Notice to Owner will preclude that particular lienor from placing a lien on the owner's property.
Ing to Florida Statute 713, Part 1, anyone who works on your property or provides materials and is not paid in full has a right to enforce their claim for payment against your property.
Section 713.132 - [Effective 10/1/2023] Notice of termination (1) An owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination that contains all of the following: (a) The same information that is in the notice of commencement.
