[CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

[Robert E. Doan]

I’m having fuzzy memories about someone trying to get a glitch-bill passed years ago and it got shot down because the clerks were so cash-strapped due to lack of funding that they want the fees wherever they can get them even thought the statute may not have been intended to apply to construction liens.

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Robert E. Doan
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Supreme Court Certified Circuit Civil Mediator
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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of Bruce Partington
Sent: Monday, April 22, 2019 3:40 PM
To: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com>; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

As I read the statute, 28.241(1)(a)2.a applies of actions “relating to real property or mortgage foreclosure” and then focuses on the value of the “claim.” I guess that could be read several ways: “relating to real property” and “mortgage foreclosure”; or “relating to real property…foreclosure” but probably in either even a construction lien foreclosure would fit into that box since it both “relates” to real property, and is a “foreclosure.”



Bruce Partington | Shareholder
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From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 2:22 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim.  Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc.  Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures?  The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
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