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

Mon Apr 22 13:32:56 PDT 2019

Reese -
My experience has been similar.  The clerk's point to the language that the claim is "relating to real property or mortgage foreclosure" and claim that a construction lien foreclosure is included in the definition.
Regards, 

Paul 
Paul S. Martin, Esq. Law Offices of Paul S. Martin & Associates, P.A. 2134 Hollywood Boulevard Hollywood, FL  33020 USA 
Phone 954.923.4604 Telefax 954.923.6545 
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-----Original Message-----
From: Reese J. Henderson, Jr. <Reese.Henderson at gray-robinson.com>
To: clc-discussion at lists.flabarrpptl.org <clc-discussion at lists.flabarrpptl.org>
Sent: Mon, Apr 22, 2019 3:23 pm
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

#yiv7268012412 P.yiv7268012412ImprintUniqueID { MARGIN:0cm 0cm 0pt;} #yiv7268012412 LI.yiv7268012412ImprintUniqueID { MARGIN:0cm 0cm 0pt;} #yiv7268012412 DIV.yiv7268012412ImprintUniqueID { MARGIN:0cm 0cm 0pt;} #yiv7268012412 TABLE.yiv7268012412ImprintUniqueIDTable { MARGIN:0cm 0cm 0pt;} #yiv7268012412 DIV.yiv7268012412Section1 { } #yiv7268012412 P.yiv7268012412ImprintUniqueID { MARGIN:0cm 0cm 0pt;} #yiv7268012412 LI.yiv7268012412ImprintUniqueID { MARGIN:0cm 0cm 0pt;} #yiv7268012412 DIV.yiv7268012412ImprintUniqueID { MARGIN:0cm 0cm 0pt;} #yiv7268012412 TABLE.yiv7268012412ImprintUniqueIDTable { MARGIN:0cm 0cm 0pt;} #yiv7268012412 DIV.yiv7268012412Section1 { }  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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