[CLC-Discussion] Lender asserting rights under 713.21 and 713.31

[RPPTL CLC-Discussion]

Hi everyone.  Hope all are well.

I have an issue that has come up that I have not encountered before that involves a construction mortgage lender asserting the rights of the owner under 713.21 and 713.31.

Lender and Owner / Borrower are not adverse (obviously, always the potential for conflict between a Lender and Borrower).

Lender was granted an assignment of Owner’s right to defend title to the real property to protect the lien granted under the Mortgage.

Contractor has filed a lien that is invalid on its face.  Contractor blew 90 days by a mile.

Lender wants to have the lien discharged under a 713.21 action and also include an action under 713.31.  I have handled these claims many times but the Plaintiff was always the Owner.

I have never seen a scenario where the Lender wanted to contest the lien on its own accord, which it has the right to do under the language in the mortgage.

Has anyone ever dealt with this.  Seems straight forward but again, first time I have done it from the context of a lender asserting claim.

Any insight would be greatly appreciated.

Thanks all.

[cid:image001.jpg at 01D9B8D7.E9517750]<https://www.qpwblaw.com/>
Michael J. Barker​​​​
 |
Partner
Quintairos, Prieto, Wood & Boyer, P.A.
12428 San Jose Blvd., Suite 1
,
Jacksonville
,
FL

32223
Email: mbarker at qpwblaw.com<mailto:mbarker at qpwblaw.com>

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