I have a client whose property vacant lot was liened by a general contractor. We served a demand for sworn statement of account and a notice of contest of lien. The time has run to respond to the sworn statement. My client has a buyer. Does anyone have experience with a title company's willingness to close with proof that lien has been invalidated by operation of law? If they are unwilling, I would think that the only option is to wait another 30 days for the time to run on the notice of contest of lien. Any suggestions? [email signature 4]

This is partly answered by the Florida Bar's uniform title standards which you can find here: http://www.rpptl.org/images/UTS_Draft_20140219.pdf >From Standard 8.2 (page 72): [cid:image004.png@01D0B4D4.DC713EE0] Since the request for sworn statement of account is not recorded in the public records, there's not an answer to that from a "title" standpoint, but it's certainly a defense to enforcement of the lien. Bruce D. Partington Clark Partington bpartington@cphlaw.com<mailto:bpartington@cphlaw.com> Direct: 850-432-1399 Fax: 850-432-7340 *Board Certified in Construction Law From: clc-discussion-bounces@lists.flabarrpptl.org [mailto:clc-discussion-bounces@lists.flabarrpptl.org] On Behalf Of Brian Solomon Sent: Thursday, July 02, 2015 1:19 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Demand for Sworn Statement of Account I have a client whose property vacant lot was liened by a general contractor. We served a demand for sworn statement of account and a notice of contest of lien. The time has run to respond to the sworn statement. My client has a buyer. Does anyone have experience with a title company's willingness to close with proof that lien has been invalidated by operation of law? If they are unwilling, I would think that the only option is to wait another 30 days for the time to run on the notice of contest of lien. Any suggestions? [email signature 4]