How long is state of Florida mechanics lien valid?

Answer 1

The length of a judgment depends upon the laws of the state in which the judgment is filed. Most judgments are valid from 5-20 years and some can be renewed at expiration. The information needed can be obtained from the land assessor's office in the county where the property on which the lien was placed is located. Mechanic's liens, on the other hand, are not judgments, but are only LIENS that are creatures of statute, so the duration of time that a lien remains valid should be set forth in the statute. I am an Ohio attorney, so I will speak from the perspective of an Ohio mechanic's lien. Our MLs are valid for 6 years from the date of filing. They cannot be renewed. Other states have MUCH shorter time periods. I know of some that are as short as 1 year, and as I do not know them all, there may be some shorter than that. The American Subcontractors Association has a manual entitled Mechanic's Liens and Bond Claims in 50 States. I have attached a link to the ASA website. I have attached a link to some articles that I have written on Mechanic's Liens which were published in the Builders Exchange Magazine. If you need help in another state, please feel free to contact me at the email address listed

Answer 2

The short answer is that an Ohio mechanic's lien will expire on the sixth anniversary of the date that it was filed with the county recorder. A Mechanic's Lien, is a lien filed by an Original Contractor, Construction Manager, Subcontractor, Material Supplier or Laborer against the real property improved by the labor or materials of the lien claimant to secure the payment for that labor and/or material. A Mechanic's liens expire in the sixth (6th) anniversary of the date that it was filed. The six years can be shortened by the proper service of a Notice to Commence Suit which will cause the lien claimant to either assert their lien rights through a Foreclosure Action on the subject real estate within 60 days of the date that the Notice to Commence Suit was properly served or the lien will become void on the 61st day (contract rights will not be lost, only the lien rights). The lien may also be removed from the property by bonding it off. The bonding requirements, the posting of cash or a surety bond, vary depending on the amount of the lien claim. Another equally important question is whether the lien itself was valid when it was filed. There are several issues, first, what type of project is it? Is the private construction project a commercial project, a home construction or home purchase contract? If it is residential, is the prime contract with the homeowner or a developer? A mechanic's lien on a commercial project must be filed within 75 days of the lien claimant's last work on the project. If the lien is on a residential project, within 60 days. If the project is owned by a homeowner, the homeowner may have a "paid-in-full" defense to the claim of a subcontractor, supplier or laborer. Commercial project owners have no such defense. After the lien is filed with the county recorder, to be valid it must be perfected by serving a copy of it on the project owner/part owner/lessee within 30 days of the filing or posting it within an additional 10 days. The failure to perfect the lien within the stated time will void it. Commercial projects also require that the project owner prepare and file a Notice of Commencement with the County Recorder in the county where the project is located. If the NOC is filed, subcontractors and suppliers who wish to preserve their lien rights must serve a Notice of Furnishing on various parties, the owner/part owner or lessee, or possibly an "owner's designee (owners agent identified in the NOC) and possibly the original contractor, depending on the contents of the NOC and the relative position of the lien claimant within 21 days of the lien claimant's first work on the project. If an NOC is not recorded, no NOF is required to be served (but it is a good idea anyway because it will encourage proper payment to the subs and suppliers). Mechanic's Liens are authorized by the Ohio Constitution and Chapter 1311 of the Ohio Revised Code. Ohio Courts construe the statutes to determine what the legislature meant when it created the laws. For articles on this and other construction related topics published in Builders Exchange Magazine http://www.ohiolienlaw.com/bx/resources.php?news=7 . There is a link here to the Ohio Revised Code, Chapter 1311 (the Ohio Mechanic's Lien Law 1311.01-1311.32) http://www.ohiolienlaw.com/bx/resources2.php

Answer 3

Mechanic's liens have a short life in some jurisdictions such as Massachusetts. To lengthen the life the issue must be brought to civil court to obtain a judgment lien that can be recorded in the land records. Judgment liens expire after 6 years unless extended.

Answer 4

4 years. But this is a really hard lien to collect due to people moving or just abandoning there vehicles.

Answer 5

I have wrecker operator lien against my licence and could not register a car before paying fine in Florida how ling is lean valid

Answer 6

The rules regarding mechanic's liens, or contractor's liens, vary from state to state. You need to check in your jurisdiction for the rules in your state.