Construction Liens – Discharge of Liens
How is a construction lien discharged?
Florida Statutes Section 713.21 addresses discharge of liens. That section says that a lien properly perfected may be discharged by any of the following methods:
(1) By entering satisfaction of the lien upon the margin of the record thereof in the clerk’s office when not otherwise prohibited by law. (This satisfaction must be signed by the lienor, the lienor’s agent or attorney and attested by the clerk. Any person who executes a claim of lien has authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on it.)
(2) By the satisfaction of the lienor, duly acknowledged and recorded in the clerk’s office. (Any person who executes a claim of lien has authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying it.)
(3) By failure to begin an action to enforce the lien within one year (or 60 days if a notice of contest has been recorded).
(4) By an order of the circuit court of the county where the property is located. Upon filing a complaint therefor by any interested party the clerk will 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 show cause why his or her lien should not be enforced or the lienor’s failure to commence such action before the return date of the summons the court shall forthwith order cancellation of the lien.
(5) By recording in the clerk’s office the original or a certified copy of a judgment or decree of a court of competent jurisdiction showing a final determination of the action.