Florida Statutes 713.21 – Discharge of lien
Current as of: 2023 | Check for updates
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Terms Used In Florida Statutes 713.21
- Claim of lien: means the claim recorded as provided in…. See Florida Statutes 713.01
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Lien: A claim against real or personal property in satisfaction of a debt.
- Lienor: means a person who is:(a) A contractor;(b) A subcontractor;(c) A sub-subcontractor;(d) A laborer;(e) A materialman who contracts with the owner, a contractor, a subcontractor, or a sub-subcontractor; or(f) A professional lienor under…. See Florida Statutes 713.01
- person: includes individuals, children, firms, associations, joint adventures, partnerships, estates, trusts, business trusts, syndicates, fiduciaries, corporations, and all other groups or combinations. See Florida Statutes 1.01
- Summons: Another word for subpoena used by the criminal justice system.
A lien properly perfected under 1this chapter may be discharged, or released in whole or in part, 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 or the lienor’s agent or attorney and attested by said 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 the same.(2) By the satisfaction or release of the lienor, duly acknowledged and recorded in the clerk’s office. The satisfaction or release must include the lienor’s notarized signature and set forth the official records’ reference number and recording date affixed by the recording office on the subject lien. Any person who executes a claim of lien has authority to execute a satisfaction or release in the absence of actual notice of lack of authority to any person relying on the same.(3) By failure to begin an action to enforce the lien within the time prescribed in this part.(4) By an order of the circuit court of the county where the property is located, as provided in this subsection. Upon filing a complaint by any interested party the clerk shall issue a summons to the lienor to show cause within 20 days after service of the summons 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 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.