[CLC-Discussion] Notice of Contest of Lien question

[RPPTL CLC-Discussion]

This is a great question from a title perspective. Scott is correct that it is self executing, but if you're trying to get clear title for either a sale or new loan, there's not an easy answer. If it were 100% guaranteed that someone filing suit would record a notice of lis pendens, then the absence of that document in the public records would clear it up, but that's not a 100% guarantee.


Sometimes a title insurer will insure after 60 days (after they probably also check the clerk's docket). But sometimes they won't. I have a couple of times in the past prepared an affidavit for recording that would recite recording and service of the notice of contest (attaching as exhibits the recorded notice and hopefully proof of service from the Clerk), and that I've reviewed the public records and there was no notice of lis pendens recorded, and that I've reviewed the docket and could find no suit that was filed. I suppose that's in theory like the "title opinions" that attorneys used to issue (although those weren't recorded). I think on the most recent one I did (which was probably several years ago) I put in the affidavit the search terms I had used for the searches for the suit and the notice of lis pendens and may have even attached copies of results. It's hard to prove a negative....


You also need to check that it was actually served by the clerk. I had one years ago where the clerk didn't serve it (despite saying they did on the face of the recorded notice of contest), and when the suit was filed, we got into a spat about it. The case ultimately settled so there was never a legal ruling, although I have in my head that there is a published opinion out there where something similar happened, but I don't recall the outcome. Perhaps someone in this august group will have that more at hand than I do.


Bruce Partington | Shareholder
bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399>
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.com<https://clarkpartington.com/>
[cid:logo4_09e57621-d955-46d0-aad5-1c620e3975ef.jpg]


Bruce Partington | Shareholder
Board Certified Specialist in Construction Law
bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> | (850) 432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.com<https://clarkpartington.com/>

[cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]<http://clarkpartington.com/>



________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org>
Sent: Wednesday, September 6, 2023 8:50:32 AM
To: RPPTL CLC-Discussion
Subject: [CLC-Discussion] Notice of Contest of Lien question

Hello:

I have a client that recorded the Notice of Contest of Lien and the clerk served it.  No suit was filed and per 713.22 the lien is extinguished automatically.
But how do they show that in public records?  I have not had this issue before. Thank you for the help.


Best regards,

Daniel Greene
Daniel M. Greene, P.A.
Florida Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil and Appellate Mediator
P.O. Box 3092
Orlando, FL 32802-3092
407-448-5391
https://link.edgepilot.com/s/358b25c8/bpkMReFyR0q8cBkR_JUvDg?u=http://www.dangreenelaw.com/
dan at dangreenelaw.com
dangreenelaw at gmail.com

To ensure compliance with Treasury Regulations (31 CFR Part 10, Sec. 10.35), we inform you that any tax advice contained in this correspondence was not intended or written by us to be used, and cannot be used by you or anyone else, for the purpose of avoiding penalties imposed by the Internal Revenue Code.
___________
NOTE: This e-mail is from Daniel M. Greene, P.A., and is intended for the recipient(s)only. If you received this e-mail in error, please notify the sender immediately, delete the e-mail and do not copy or disclose it. If you are not an existing client, do not construe anything in this e-mail to make you a client unless it contains a specific statement to that effect and do not disclose anything to Daniel M. Greene, P.A. that you expect to be confidential. If you properly received this e-mail as a client, co-counsel or retained expert, you should maintain its contents in confidence to preserve the attorney-client or work product privilege.

-------------- next part --------------
A non-text attachment was scrubbed...
Name: logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg
Type: image/jpeg
Size: 27207 bytes
Desc: logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20230906/c46fe181/logo4_d1062d3d-30e4-47df-99af-a59488723ed9-0001.jpg>