[CLC-Discussion] Lien Foreclosure Filing Fees in Indian River

Wed Nov 16 12:45:53 PST 2022

I have always “finessed” this issue by checking the box for contract dispute
when filing the action instead of foreclosure, but occasionally a clerk will
catch the foreclosure claim and demand the increased filing fee.

Charles B. Hernicz, Esq.

Board Certified in Construction Law by The Florida Bar          

Hernicz Legal Services, P.L.
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Yulee, FL  32097
Telephone: (561) 753-7511 
Chernicz at HerniczLegal.com

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Sent: Wednesday, November 16, 2022 3:20 PM
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Subject: Re: [CLC-Discussion] Lien Foreclosure Filing Fees in Indian River

              Section 28.2412.a involves the fees for civil actions in
circuit court relating to real property OR mortgage foreclosures.  From a
review of the Indian River Civil Division fees, it appears the clerk
includes a claim of lien as a “real property” foreclosure.  Hope this is of
some assistance. 

William F. Cobb

Licensed in Florida

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<mailto:clc-discussion at lists.flabarrpptl.org> 
Subject: [CLC-Discussion] Lien Foreclosure Filing Fees in Indian River

Afternoon all.  Quick question – we recently filed a lien foreclosure case
in Indian River and the clerk responded that we needed to pay the much
higher mortgage foreclosure filing fee (based on the lien amount).  Can
anyone point me to the rule or statute that distinguishes mortgage versus
lien foreclosure filing fees?  Thanks in advance.   

Regards,

Alex Barthet

Board Certified in Construction Law

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