Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.com
dan@dangreenelaw.com
dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

The Notice of Contest of Lien statute is self-executing.  If no suit is filed within the 60-day deadline period, the lien is extinguished by operation of law.  The Clerk does not record a Release of Lien.
Scott S. Sheffler, Esquire
Worman & Sheffler, P.A.
2600 Lake Lucien Drive, Suite 405
Maitland, Florida  32751
Phone: (407) 843-5353, ext. 208
Fax:  (407) 841-9516
Website: www.wormanlaw.comhttp://www.wormanlaw.com/
NOTICE:  THIS E-MAIL MESSAGE AND ANY ATTACHMENT HERETO CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED.  IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT.  IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY PHONE AT 407-843-5353 AND DELETE THIS MESSAGE.  IF THIS E-MAIL CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.  TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND IS NOT TO BE USED FOR PURPOSES OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE.
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 9:51 AM
To: RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com
dan@dangreenelaw.commailto:dan@dangreenelaw.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

Agree, plus from my experience title examiners understand these rules and do not raise the extinguished Lien as a title objection.

Joseph Lane
Shareholder/Board Certified in Construction Law by The Florida Bar
D: 407.418.6343 | P: 407.843.4600
Emailmailto:joseph.lane@lowndes-law.com | Websitehttp://lowndes-law.com | Biohttps://lowndes-law.com/people/Joseph-Lane | VCardhttps://lowndeslaw.dpmlocal.com/admin/vcard/generate.php?id=22 | LinkedIn<22>

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LOCAL ROOTS. BROAD REACH. SM

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 10:08 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

CAUTION: THIS IS AN EXTERNAL EMAIL

The Notice of Contest of Lien statute is self-executing.  If no suit is filed within the 60-day deadline period, the lien is extinguished by operation of law.  The Clerk does not record a Release of Lien.
Scott S. Sheffler, Esquire
Worman & Sheffler, P.A.
2600 Lake Lucien Drive, Suite 405
Maitland, Florida  32751
Phone: (407) 843-5353, ext. 208
Fax:  (407) 841-9516
Website: www.wormanlaw.comhttps://protect-us.mimecast.com/s/hMGHC5y17rCMxprXcOJbqj/
NOTICE:  THIS E-MAIL MESSAGE AND ANY ATTACHMENT HERETO CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED.  IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT.  IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY PHONE AT 407-843-5353 AND DELETE THIS MESSAGE.  IF THIS E-MAIL CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.  TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND IS NOT TO BE USED FOR PURPOSES OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE.
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 9:51 AM
To: RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>
Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
www.dangreenelaw.comhttp://www.dangreenelaw.com
dan@dangreenelaw.commailto:dan@dangreenelaw.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

This email message has been delivered safely and archived online by Mimecast.  For more information please visit http://www.mimecast.com

This is a great question from a title perspective. Scott is correct that it is self executing, but if you're trying to get clear title for either a sale or new loan, there's not an easy answer. If it were 100% guaranteed that someone filing suit would record a notice of lis pendens, then the absence of that document in the public records would clear it up, but that's not a 100% guarantee.

Sometimes a title insurer will insure after 60 days (after they probably also check the clerk's docket). But sometimes they won't. I have a couple of times in the past prepared an affidavit for recording that would recite recording and service of the notice of contest (attaching as exhibits the recorded notice and hopefully proof of service from the Clerk), and that I've reviewed the public records and there was no notice of lis pendens recorded, and that I've reviewed the docket and could find no suit that was filed. I suppose that's in theory like the "title opinions" that attorneys used to issue (although those weren't recorded). I think on the most recent one I did (which was probably several years ago) I put in the affidavit the search terms I had used for the searches for the suit and the notice of lis pendens and may have even attached copies of results. It's hard to prove a negative....

You also need to check that it was actually served by the clerk. I had one years ago where the clerk didn't serve it (despite saying they did on the face of the recorded notice of contest), and when the suit was filed, we got into a spat about it. The case ultimately settled so there was never a legal ruling, although I have in my head that there is a published opinion out there where something similar happened, but I don't recall the outcome. Perhaps someone in this august group will have that more at hand than I do.

Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

Bruce Partington | Shareholder
Board Certified Specialist in Construction Law
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/

[cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]http://clarkpartington.com/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Sent: Wednesday, September 6, 2023 8:50:32 AM
To: RPPTL CLC-Discussion
Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
https://link.edgepilot.com/s/358b25c8/bpkMReFyR0q8cBkR_JUvDg?u=http://www.dangreenelaw.com/
dan@dangreenelaw.com
dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

Nothing further needs to be recorded.  The recording of the lien and the NOC can still be seen in the public records, but the lien is no longer a cloud on title upon expiration of the NOC.  It should not be included in any buyer's commitment or other title search.  If it does, I would contact the underwriter and challenge it and they should remove it from the commitment because it is no longer a cloud on title upon expiration of the NOC.

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Sherry A. Lambson-Eisele
Partner- Business Litigation Practice Group Leader
Boyd & Jenerette, P.A.
2290 Lucien Way, Suite 260
Maitland, FL 32751

Office:  (407) 309-4760 x621
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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 9:51 AM
To: RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
https://link.edgepilot.com/s/cfffa2b0/NHGtSHMn00GKdnsrZmhDfQ?u=http://www.dangreenelaw.com/
dan@dangreenelaw.commailto:dan@dangreenelaw.com
dangreenelaw@gmail.commailto:dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

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There is a recent case in Fla L. Weekly that was remanded to the trial court for other reasons, but instructed the trial judge to enter an order discharging the  lien.
For what its worth.

J. Thomas McKeel, Esq.
J. Thomas McKeel, P.A.
303 Centre Street, Suite 103
Fernandina Beach, FL  32034
jtm@mckeellaw.com
904-261-9437

-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 10:23 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

This is a great question from a title perspective. Scott is correct that it is self executing, but if you're trying to get clear title for either a sale or new loan, there's not an easy answer. If it were 100% guaranteed that someone filing suit would record a notice of lis pendens, then the absence of that document in the public records would clear it up, but that's not a 100% guarantee.

Sometimes a title insurer will insure after 60 days (after they probably also check the clerk's docket). But sometimes they won't. I have a couple of times in the past prepared an affidavit for recording that would recite recording and service of the notice of contest (attaching as exhibits the recorded notice and hopefully proof of service from the Clerk), and that I've reviewed the public records and there was no notice of lis pendens recorded, and that I've reviewed the docket and could find no suit that was filed. I suppose that's in theory like the "title opinions" that attorneys used to issue (although those weren't recorded). I think on the most recent one I did (which was probably several years ago) I put in the affidavit the search terms I had used for the searches for the suit and the notice of lis pendens and may have even attached copies of results. It's hard to prove a negative....

You also need to check that it was actually served by the clerk. I had one years ago where the clerk didn't serve it (despite saying they did on the face of the recorded notice of contest), and when the suit was filed, we got into a spat about it. The case ultimately settled so there was never a legal ruling, although I have in my head that there is a published opinion out there where something similar happened, but I don't recall the outcome. Perhaps someone in this august group will have that more at hand than I do.

Bruce Partington | Shareholder
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399 CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

Bruce Partington | Shareholder
Board Certified Specialist in Construction Law bpartington@clarkpartington.commailto:bpartington@clarkpartington.com | (850) 432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttps://clarkpartington.com/

[cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]http://clarkpartington.com/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org on behalf of RPPTL CLC-Discussion clc-discussion@lists.flabarrpptl.org
Sent: Wednesday, September 6, 2023 8:50:32 AM
To: RPPTL CLC-Discussion
Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092
407-448-5391
https://link.edgepilot.com/s/358b25c8/bpkMReFyR0q8cBkR_JUvDg?u=http://www.dangreenelaw.com/
dan@dangreenelaw.com
dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

Having the trial judge enter an order discharging the lien is the best way to proceed since title insurers are unlikely to trust the potential non-existence of an event as a basis to underwrite title.  Trusting that a title company will proceed simply by showing the existence of the lawsuit and lienor's failure to file a counterclaim within 20 days will, in my experience, result in a delayed closing.  I would take the extra step and make sure the transaction is not scuttled.

Chip Bachara

Managing Partner - Board Certified in Construction Law

BACHARA CONSTRUCTION LAW GROUP

One Independent Dr., Ste. 1800, Jacksonville, FL 32202

Phone: 904.562.1060 | Direct Line: 904.562.1066

Website | Biography | Download vCard

Confidentiality Notice: This message is being sent by or on behalf of a lawyer. It is intended exclusively for the individual or entity to which it is addressed. This communication may contain information that is proprietary, privileged or confidential or otherwise legally exempt from disclosure. If you are not the named addressee, you are not authorized to read, print, retain, copy or disseminate this message or any part of it. If you have received this message in error, please notify the sender immediately by e-mail and delete all copies of the message.

-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 10:39 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

There is a recent case in Fla L. Weekly that was remanded to the trial court for other reasons, but instructed the trial judge to enter an order discharging the  lien.

For what its worth.

J. Thomas McKeel, Esq.

J. Thomas McKeel, P.A.

303 Centre Street, Suite 103

Fernandina Beach, FL  32034

jtm@mckeellaw.commailto:jtm@mckeellaw.com

904-261-9437

-----Original Message-----

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion

Sent: Wednesday, September 6, 2023 10:23 AM

To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org

Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

This is a great question from a title perspective. Scott is correct that it is self executing, but if you're trying to get clear title for either a sale or new loan, there's not an easy answer. If it were 100% guaranteed that someone filing suit would record a notice of lis pendens, then the absence of that document in the public records would clear it up, but that's not a 100% guarantee.

Sometimes a title insurer will insure after 60 days (after they probably also check the clerk's docket). But sometimes they won't. I have a couple of times in the past prepared an affidavit for recording that would recite recording and service of the notice of contest (attaching as exhibits the recorded notice and hopefully proof of service from the Clerk), and that I've reviewed the public records and there was no notice of lis pendens recorded, and that I've reviewed the docket and could find no suit that was filed. I suppose that's in theory like the "title opinions" that attorneys used to issue (although those weren't recorded). I think on the most recent one I did (which was probably several years ago) I put in the affidavit the search terms I had used for the searches for the suit and the notice of lis pendens and may have even attached copies of results. It's hard to prove a negative....

You also need to check that it was actually served by the clerk. I had one years ago where the clerk didn't serve it (despite saying they did on the face of the recorded notice of contest), and when the suit was filed, we got into a spat about it. The case ultimately settled so there was never a legal ruling, although I have in my head that there is a published opinion out there where something similar happened, but I don't recall the outcome. Perhaps someone in this august group will have that more at hand than I do.

Bruce Partington | Shareholder

bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.commailto:bpartington@clarkpartington.com%3cmailto:bpartington@clarkpartington.com> | (850) 432-1399callto:(850)%20432-1399 CLARK PARTINGTON

Office: (850) 434-9200 | Fax: (850) 432-7340

125 East Intendencia Street, 4th Floor

Pensacola, Florida 32502

https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=0PFEjlrJ6EY0EALfHXYR37CSm9Ju1y2D9NlVedh_EA4&e=<https://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=1ho_34TxIrODfb7p_WgfFIa0KgH202cdNu95ZgDJhhU&e=https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=0PFEjlrJ6EY0EALfHXYR37CSm9Ju1y2D9NlVedh_EA4&e=%3chttps://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=1ho_34TxIrODfb7p_WgfFIa0KgH202cdNu95ZgDJhhU&e=>

[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

Bruce Partington | Shareholder

Board Certified Specialist in Construction Law bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.commailto:bpartington@clarkpartington.com%3cmailto:bpartington@clarkpartington.com> | (850) 432-1399

CLARK PARTINGTON

Office: (850) 434-9200 | Fax: (850) 432-7340

125 East Intendencia Street, 4th Floor

Pensacola, Florida 32502

https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=0PFEjlrJ6EY0EALfHXYR37CSm9Ju1y2D9NlVedh_EA4&e=<https://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=1ho_34TxIrODfb7p_WgfFIa0KgH202cdNu95ZgDJhhU&e=https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=0PFEjlrJ6EY0EALfHXYR37CSm9Ju1y2D9NlVedh_EA4&e=%3chttps://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=1ho_34TxIrODfb7p_WgfFIa0KgH202cdNu95ZgDJhhU&e=>

[cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=vvjpFPuQ4qusmSYyOWjbWNSD7o_ILBwzFrDuMT5SVks&e=

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>

Sent: Wednesday, September 6, 2023 8:50:32 AM

To: RPPTL CLC-Discussion

Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.

But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene

Daniel M. Greene, P.A.

Florida Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092

407-448-5391

https://urldefense.proofpoint.com/v2/url?u=https-3A__link.edgepilot.com_s_358b25c8_bpkMReFyR0q8cBkR-5FJUvDg-3Fu-3Dhttp-3A__www.dangreenelaw.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=M_d9qihTb2NV4rUc60EEo2DSL7Ynb5NKDpxI0dwJYXw&e=

dan@dangreenelaw.commailto:dan@dangreenelaw.com

dangreenelaw@gmail.commailto:dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

CLC-Discussion mailing list

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Our experience is that title examiners are a cross between the oracle in
"The Matrix" and the "precogs" in "Minority Report," and that their
conclusions and concerns are both untethered from the Florida Construction
Lien Law and, therefore, immune from divination by mere mortals (i.e.,
construction lawyers). Just our $0.02.

Bryan L. Capps, Esq.

Board Certified in Construction Law by The Florida Bar

The Construction Law Firm

P.O. Box 560693

Orlando, FL 32856

(407) 674-0674

(407) 808-0098

bcapps@theconstructionlawfirm.com mailto:bcapps@theconstructionlawfirm.com

www.theconstructionlawfirm.com http://www.theconstructionlawfirm.com/

Offices: Orlando

From: clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL
CLC-Discussion
Sent: Wednesday, September 6, 2023 10:49 AM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

Having the trial judge enter an order discharging the lien is the best way
to proceed since title insurers are unlikely to trust the potential
non-existence of an event as a basis to underwrite title.  Trusting that a
title company will proceed simply by showing the existence of the lawsuit
and lienor's failure to file a counterclaim within 20 days will, in my
experience, result in a delayed closing.  I would take the extra step and
make sure the transaction is not scuttled.

Chip Bachara

Managing Partner - Board Certified in Construction Law

BACHARA CONSTRUCTION LAW GROUP

One Independent Dr., Ste. 1800, Jacksonville, FL 32202

Phone: 904.562.1060 | Direct Line: 904.562.1066

Website | Biography | Download vCard

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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org
<clc-discussion-bounces@lists.flabarrpptl.org
mailto:clc-discussion-bounces@lists.flabarrpptl.org > On Behalf Of RPPTL
CLC-Discussion
Sent: Wednesday, September 6, 2023 10:39 AM
To: clc-discussion@lists.flabarrpptl.org
mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

There is a recent case in Fla L. Weekly that was remanded to the trial court
for other reasons, but instructed the trial judge to enter an order
discharging the  lien.

For what its worth.

J. Thomas McKeel, Esq.

J. Thomas McKeel, P.A.

303 Centre Street, Suite 103

Fernandina Beach, FL  32034

mailto:jtm@mckeellaw.com jtm@mckeellaw.com

904-261-9437

-----Original Message-----

From:  mailto:clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org <
mailto:clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL
CLC-Discussion

Sent: Wednesday, September 6, 2023 10:23 AM

To:  mailto:clc-discussion@lists.flabarrpptl.org
clc-discussion@lists.flabarrpptl.org

Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

This is a great question from a title perspective. Scott is correct that it
is self executing, but if you're trying to get clear title for either a sale
or new loan, there's not an easy answer. If it were 100% guaranteed that
someone filing suit would record a notice of lis pendens, then the absence
of that document in the public records would clear it up, but that's not a
100% guarantee.

Sometimes a title insurer will insure after 60 days (after they probably
also check the clerk's docket). But sometimes they won't. I have a couple of
times in the past prepared an affidavit for recording that would recite
recording and service of the notice of contest (attaching as exhibits the
recorded notice and hopefully proof of service from the Clerk), and that
I've reviewed the public records and there was no notice of lis pendens
recorded, and that I've reviewed the docket and could find no suit that was
filed. I suppose that's in theory like the "title opinions" that attorneys
used to issue (although those weren't recorded). I think on the most recent
one I did (which was probably several years ago) I put in the affidavit the
search terms I had used for the searches for the suit and the notice of lis
pendens and may have even attached copies of results. It's hard to prove a
negative....

You also need to check that it was actually served by the clerk. I had one
years ago where the clerk didn't serve it (despite saying they did on the
face of the recorded notice of contest), and when the suit was filed, we got
into a spat about it. The case ultimately settled so there was never a legal
ruling, although I have in my head that there is a published opinion out
there where something similar happened, but I don't recall the outcome.
Perhaps someone in this august group will have that more at hand than I do.

Bruce Partington | Shareholder

<mailto:bpartington@clarkpartington.com%3cmailto:bpartington@clarkpartington
.com>
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com |
(850) 432-1399< callto:(850)%20432-1399 callto:(850)%20432-1399> CLARK
PARTINGTON

Office: (850) 434-9200 | Fax: (850) 432-7340

125 East Intendencia Street, 4th Floor

Pensacola, Florida 32502

https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=Dw
ICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk
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[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]

Bruce Partington | Shareholder

Board Certified Specialist in Construction Law
<mailto:bpartington@clarkpartington.com%3cmailto:bpartington@clarkpartington
.com>
bpartington@clarkpartington.commailto:bpartington@clarkpartington.com |
(850) 432-1399

CLARK PARTINGTON

Office: (850) 434-9200 | Fax: (850) 432-7340

125 East Intendencia Street, 4th Floor

Pensacola, Florida 32502

https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=Dw
ICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk
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caTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFD
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From:  mailto:clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org <
mailto:clc-discussion-bounces@lists.flabarrpptl.org
clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL
CLC-Discussion < mailto:clc-discussion@lists.flabarrpptl.org
clc-discussion@lists.flabarrpptl.org>

Sent: Wednesday, September 6, 2023 8:50:32 AM

To: RPPTL CLC-Discussion

Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk
served it.  No suit was filed and per 713.22 the lien is extinguished
automatically.

But how do they show that in public records?  I have not had this issue
before. Thank you for the help.

Best regards,

Daniel Greene

Daniel M. Greene, P.A.

Florida Board Certified in Construction Law Florida Supreme Court Certified
Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092

407-448-5391

<https://urldefense.proofpoint.com/v2/url?u=https-3A__link.edgepilot.com_s_3
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mailto:dan@dangreenelaw.com dan@dangreenelaw.com

mailto:dangreenelaw@gmail.com dangreenelaw@gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35),
we inform you that any tax advice contained in this correspondence was not
intended or written by us to be used, and cannot be used by you or anyone
else, for the purpose of avoiding penalties imposed by the Internal Revenue
Code.

NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the
recipient(s)only. If you received this e-mail in error, please notify the
sender immediately, delete the e-mail and do not copy or disclose it. If you
are not an existing client, do not construe anything in this e-mail to make
you a client unless it contains a specific statement to that effect and do
not disclose anything to Daniel M. Greene, P.A. that you expect to be
confidential. If you properly received this e-mail as a client, co-counsel
or retained expert, you should maintain its contents in confidence to
preserve the attorney-client or work product privilege.

CLC-Discussion mailing list

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The title company should remove the exception.  At a minimum, they likely will with an affidavit by the seller that no suit was filed within the statutory time limit.

R.J. Haughey II
Sivyer Barlow Watson & Haughey, P.A.
Truist Place
401 E. Jackson St.
Suite 2225
Tampa, Florida 33602
www.sbwhlegal.comhttp://www.sbwhlegal.com/
Main - 813.221.4242
Fax - 813.227.8598
rhaughey@sbwhlegal.commailto:rhaughey@sbwhlegal.com

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From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 12:38 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

Our experience is that title examiners are a cross between the oracle in "The Matrix" and the "precogs" in "Minority Report," and that their conclusions and concerns are both untethered from the Florida Construction Lien Law and, therefore, immune from divination by mere mortals (i.e., construction lawyers). Just our $0.02...

Bryan L. Capps, Esq.
[Logo  Description automatically generated with medium confidence]
Board Certified in Construction Law by The Florida Bar
The Construction Law Firm
P.O. Box 560693
Orlando, FL 32856
[cid:image010.png@01D9E0C1.75A8B180]
(407) 674-0674

(407) 808-0098
[cid:image012.png@01D9E0C1.75A8B180]
bcapps@theconstructionlawfirm.commailto:bcapps@theconstructionlawfirm.com
[cid:image013.png@01D9E0C1.75A8B180]
www.theconstructionlawfirm.comhttp://www.theconstructionlawfirm.com/
Offices: Orlando

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 10:49 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

Having the trial judge enter an order discharging the lien is the best way to proceed since title insurers are unlikely to trust the potential non-existence of an event as a basis to underwrite title.  Trusting that a title company will proceed simply by showing the existence of the lawsuit and lienor's failure to file a counterclaim within 20 days will, in my experience, result in a delayed closing.  I would take the extra step and make sure the transaction is not scuttled.

Chip Bachara

Managing Partner - Board Certified in Construction Law

BACHARA CONSTRUCTION LAW GROUP

One Independent Dr., Ste. 1800, Jacksonville, FL 32202

Phone: 904.562.1060 | Direct Line: 904.562.1066

Website | Biography | Download vCard

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-----Original Message-----
From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, September 6, 2023 10:39 AM
To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

There is a recent case in Fla L. Weekly that was remanded to the trial court for other reasons, but instructed the trial judge to enter an order discharging the  lien.

For what its worth.

J. Thomas McKeel, Esq.

J. Thomas McKeel, P.A.

303 Centre Street, Suite 103

Fernandina Beach, FL  32034

jtm@mckeellaw.commailto:jtm@mckeellaw.com

904-261-9437

-----Original Message-----

From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion

Sent: Wednesday, September 6, 2023 10:23 AM

To: clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org

Subject: Re: [CLC-Discussion] Notice of Contest of Lien question

This is a great question from a title perspective. Scott is correct that it is self executing, but if you're trying to get clear title for either a sale or new loan, there's not an easy answer. If it were 100% guaranteed that someone filing suit would record a notice of lis pendens, then the absence of that document in the public records would clear it up, but that's not a 100% guarantee.

Sometimes a title insurer will insure after 60 days (after they probably also check the clerk's docket). But sometimes they won't. I have a couple of times in the past prepared an affidavit for recording that would recite recording and service of the notice of contest (attaching as exhibits the recorded notice and hopefully proof of service from the Clerk), and that I've reviewed the public records and there was no notice of lis pendens recorded, and that I've reviewed the docket and could find no suit that was filed. I suppose that's in theory like the "title opinions" that attorneys used to issue (although those weren't recorded). I think on the most recent one I did (which was probably several years ago) I put in the affidavit the search terms I had used for the searches for the suit and the notice of lis pendens and may have even attached copies of results. It's hard to prove a negative....

You also need to check that it was actually served by the clerk. I had one years ago where the clerk didn't serve it (despite saying they did on the face of the recorded notice of contest), and when the suit was filed, we got into a spat about it. The case ultimately settled so there was never a legal ruling, although I have in my head that there is a published opinion out there where something similar happened, but I don't recall the outcome. Perhaps someone in this august group will have that more at hand than I do.

Bruce Partington | Shareholder

bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.commailto:bpartington@clarkpartington.com%3cmailto:bpartington@clarkpartington.com> | (850) 432-1399callto:(850)%20432-1399 CLARK PARTINGTON

Office: (850) 434-9200 | Fax: (850) 432-7340

125 East Intendencia Street, 4th Floor

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Bruce Partington | Shareholder

Board Certified Specialist in Construction Law bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.commailto:bpartington@clarkpartington.com%3cmailto:bpartington@clarkpartington.com> | (850) 432-1399

CLARK PARTINGTON

Office: (850) 434-9200 | Fax: (850) 432-7340

125 East Intendencia Street, 4th Floor

Pensacola, Florida 32502

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From: clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.orgmailto:clc-discussion-bounces@lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion@lists.flabarrpptl.orgmailto:clc-discussion@lists.flabarrpptl.org>

Sent: Wednesday, September 6, 2023 8:50:32 AM

To: RPPTL CLC-Discussion

Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.

But how do they show that in public records?  I have not had this issue before. Thank you for the help.

Best regards,

Daniel Greene

Daniel M. Greene, P.A.

Florida Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil and Appellate Mediator P.O. Box 3092 Orlando, FL 32802-3092

407-448-5391

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dan@dangreenelaw.commailto:dan@dangreenelaw.com

dangreenelaw@gmail.commailto:dangreenelaw@gmail.com

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NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

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