Florida Notice of Contest of Lien: How Boca Raton Property Owners Can Shorten the Foreclosure Window
A construction lien against your property can feel like a dark cloud that will not go away. Under Florida law, the party that placed the lien generally has one year from the date of recording to file a foreclosure lawsuit. For South Florida property owners dealing with a disputed or potentially invalid lien, that is a long time to wait.
Fortunately, Florida law provides a tool to speed up the process. Our Boca Raton construction lien and foreclosures lawyer explains how a Notice of Contest of Lien works and when it makes sense to use one.
What a Notice of Contest of Lien Does Under Florida Law
With Florida’s ongoing construction boom, construction liens are becoming increasingly common. If you are a property owner and facing a lien, you have the right to contest it under Section 713.22 of the Florida Statutes. Once filed, a Notice of Contest of Lien shortens the lienor’s window to file a foreclosure lawsuit from one year down to just 60 days.
If they don’t file suit within those 60 days, the lien expires and becomes unenforceable. Situations where this may be the right strategy include:
- When the lienor failed to meet preliminary notice requirements.
- When the contractor inflated the lien amount, or you dispute whether the work was completed or properly performed.
- When you have a pending sale or refinance.
- When the lienor has gone silent and appears unlikely to pursue the claim.
- When the owner wants to force a resolution rather than wait out the full one-year period.
Filing a Notice of Contest of Lien through the Florida Courts can clear a disputed lien much faster than waiting for the standard deadline to expire.
What South Florida Property Owners Should Know Before Filing
A Notice of Contest of Lien is a powerful tool, but it requires careful handling. A procedural misstep can invalidate the notice and leave the original one-year period intact, and, if the lienor files suit within the 60-day window, the foreclosure case proceeds on an accelerated timeline.
Before filing a Notice of Contest of Lien in South Florida, consider the following:
- Whether the lien was properly recorded and served.
- Whether defects in the lien support a separate motion to discharge.
- If the lienor is likely to respond within the shortened window.
- Determining whether you have documentation to defend against a foreclosure suit.
- Whether negotiations could resolve the dispute faster than litigation.
To determine whether contesting a lien is the best course of action in your case, contact an experienced South Florida construction lien lawyer.
Consult Our Boca Raton Construction Lien and Foreclosure Lawyer Today
Worried about a construction lien? At Neuman Law, P.A., our experienced Boca Raton construction lien and foreclosure lawyer helps property owners throughout South Florida evaluate their options, file the right notices, and protect their ownership rights.
To request a consultation, contact our office today. We protect property owners in Boca Raton, Palm Beach County, Martin County, Broward County, Miami-Dade County, Monroe County, and Hillsborough County.
Source:
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/Sections/0713.22.html