Removing Expired or Fraudulent Mechanic's Liens from Your Florida Property Title
To remove an invalid mechanic's lien in Florida, you can file a Notice of Contest of Lien to force the contractor to sue you within 60 days, or post a Transfer Bond. If the lien is entirely fraudulent, you can sue for Slander of Title in Circuit Court, which requires a $400 civil filing fee.
When you hire a general contractor or a roofer to improve your Florida property, they have the right to place a 'mechanic's lien' (legally called a Construction Lien in Florida) on your title if they are not paid. Governed by the highly complex Fla. Stat. § 713.01, these liens are designed to protect honest laborers. However, rogue contractors frequently abuse this system. They may file a lien for work they never finished, drastically inflate the amount owed, or leave an expired lien sitting on your public record for years.
A construction lien is a massive title defect. It prevents you from selling your home, refinancing your mortgage, or pulling new building permits. If you are a homeowner in Orlando, Tampa, or West Palm Beach dealing with a shady contractor holding your property hostage, you must take aggressive legal action to clear your title. Browse our United States Attorney Directory to find a Florida real estate litigator who can help you deploy the specific statutory weapons needed to destroy an invalid lien.
Step-by-Step Process for Removing a Mechanic's Lien in Florida
Florida law strongly favors property owners who act decisively. You do not have to wait around for a year hoping the contractor forgets about the lien. You have proactive tools at your disposal.
Step 1: Filing a Notice of Contest of Lien (Shortening the Timeframe to 60 Days)
By default, a Florida construction lien remains valid for exactly one year from the date it was recorded. If the contractor does not file a lawsuit to foreclose on your house within that year, the lien automatically expires and becomes void. If you cannot wait a year, your attorney can drastically accelerate the clock by recording a statutory Notice of Contest of Lien under Fla. Stat. § 713.22(2). Once recorded in the county public records, the contractor's window to sue you drops from one year down to just 60 days. If they fail to file a lawsuit within those 60 days, the lien is permanently extinguished, and your title is clear.
Step 2: Posting a Lien Transfer Bond
If you are in the middle of a real estate closing and need the title cleared in a matter of days, you can use a Transfer Bond under Fla. Stat. § 713.24. You essentially deposit cash (or a surety bond) into the court registry equal to the amount of the lien, plus three years of interest and expected attorney fees. The clerk of court will then completely remove the lien from your property and attach it to the cash instead. Your property title is instantly clean, allowing you to sell the house, and the contractor must now fight you in court for the money sitting in the registry.
Step 3: Suing a Rogue General Contractor for Slander of Title
If a contractor maliciously files a completely fabricated lien-for example, claiming they are owed $50,000 for a $10,000 paint job-they have committed a serious offense. Under Fla. Stat. § 713.31, this is legally defined as a Fraudulent Lien. You can go on the offensive and file a statutory lawsuit against the contractor under Fla. Stat. § 713.31(2)(c) in a court like the Orange County Circuit Court, Orlando or the Palm Beach County Circuit Court, West Palm Beach. As seen in precedents like Levin v. Palm Coast Builders and Construction, Inc., 840 So. 2d 316 (FL District Court of Appeal 2003), Florida courts will completely discharge a fraudulent lien that improperly includes non-lienable general maintenance items; however, the appellate court affirmed the denial of punitive damages because the property owner failed to follow the mandatory procedural requirements of Fla. Stat. § 768.72. Under Florida law, damages and attorney's fees are awarded through this specialized statutory mechanism rather than a common-law Slander of Title claim.
Commercial vs. Residential Lien Defects
The rules for fighting a lien slightly differ depending on your property type.
| Feature | Residential Homes | Commercial Developments |
|---|---|---|
| Notice to Owner (NTO) | Subcontractors must strictly serve the homeowner an NTO within 45 days, or their lien is completely invalid. | Strict NTO rules still apply, but large projects often utilize a Notice of Commencement to track multiple sub-tiers. |
| Transfer Bonds | Homeowners often deposit cash into the registry to clear small residential liens quickly. | Commercial developers usually use corporate surety bonds to clear massive multi-million dollar liens without tying up cash. |
| Proper Venue | Usually handled in County Court for amounts under $50,000. | Almost always litigated in Circuit Court due to the high dollar values involved. |
Costs to Clear a Lien in Florida
Taking action against a bad contractor involves certain administrative and legal costs.
- Filing a Notice of Contest: Recording this document at the local county clerk's office usually costs around $10 to $15.
- Circuit Court Lawsuit Fee: If you must sue for a fraudulent lien, the standard civil filing fee is $400.
- Transfer Bond Costs: You must deposit the face amount of the lien, plus interest and costs (often calculating out to about 150% of the lien amount) into the court registry.
- Attorney Fees: Florida's lien law is 'fee-shifting.' If you successfully prove the lien is fraudulent, the judge will order the bad contractor to reimburse you for all your attorney fees.
Timeline
The timeline is completely dependent on the strategy you choose. A Notice of Contest forces an outcome in exactly 60 days. Posting a cash transfer bond clears your title almost immediately (within 24 to 48 hours). However, if the contractor fights back and sues you for breach of contract, or if you sue them for a fraudulent lien, the resulting litigation in a Florida Circuit Court can take 1 to 2 years to reach a final trial.
Frequently Asked Questions (FAQ)
Can a subcontractor put a lien on my house if I already paid the general contractor?
Yes, unfortunately. If you pay your general contractor, but they steal the money and fail to pay the plumber, the plumber can legally lien your house. To prevent this, you must always demand a 'Release of Lien' from all subcontractors before handing over final payment.
Does an expired lien automatically disappear from my title?
Legally, yes, it becomes unenforceable after one year. However, physically, the piece of paper is still sitting in the county records. Most title companies will simply ignore an expired lien, but some may ask you to file an affidavit confirming no lawsuit was filed.
Can I just cross out the lien document at the clerk's office?
No. You cannot alter public records. A lien can only be removed by a recorded Satisfaction of Lien (signed by the contractor), a court order, or the expiration of the statutory time limit.
What happens if the contractor filed the lien on the wrong property?
This is a common clerical error. If a contractor accidentally liens your home for work done on your neighbor's house, you can demand they file a release immediately. If they refuse, you can sue them for slander of title.
Is a hand-shake agreement enough to allow a lien?
Yes. Under Florida law, a contract does not have to be in writing to support a construction lien. Oral contracts are valid, though they are much harder for the contractor to prove in court.
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