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

Wed Nov 16 12:56:57 PST 2022

The construction lien laws are specifically designed to encourage the access to courts, including allowing the recovery of attorney’s fees. I would suggest that you alert any court trying to apply an inflated fee that arose under the mortgage foreclosure crisis that this is not intended to be wrapped up in a technicality into that realm. Inflated filing fees chill access.

Elizabeth

On Nov 16, 2022, at 3:46 PM, RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org> wrote:

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.
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From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, November 16, 2022 3:20 PM
To: clc-discussion at lists.flabarrpptl.org
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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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 RPPTL CLC-Discussion
Sent: Wednesday, November 16, 2022 3:07 PM
To: clc-discussion at lists.flabarrpptl.org<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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