Many Florida contractors do not know that a statute exists which, if properly exercised, could have their liens canceled. That’s right – canceled. Florida Statute §713.21(4) provides that a lien properly perfected under this chapter may be discharged by an order of the circuit court of the county where the property is located. Upon the filing of a complaint by any interested party, the clerk shall issue a summons to the lienor to show cause within 20 days why his or her lien should not be enforced by action or vacated and canceled of record. Upon failure of the lienor to ... Read more
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If for any reason a project is abandoned, can you take back materials from the job site? Lien holders, who have delivered materials for improvements which have not been incorporated and for which they have not been paid, may peaceably repossess such materials. That lien holder however, will then no longer have a lien on the real property or improvements and shall have no right against any person for the price of the materials. This right to take back materials from the job site shall not be affected by their sale, encumbrance, attachment, or transfer from the site, except if the materials have ... Read more