[CLC-Discussion] Notice of Contest of Lien question

Thu Sep 7 09:07:46 PDT 2023

I have been able to resolve that issue before with a letter from my office
to the title company explaining the circumstances.

On Thu, Sep 7, 2023, 11:54 AM RPPTL CLC-Discussion <
clc-discussion at lists.flabarrpptl.org> wrote:

> The title company should remove the exception.  At a minimum, they likely
> will with an affidavit by the seller that no suit was filed within the
> statutory time limit.
>
>
>
> *R.J. Haughey II*
>
> Sivyer Barlow Watson & Haughey, P.A.
>
> Truist Place
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> 401 E. Jackson St.
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>
> Tampa, Florida 33602
>
> www.sbwhlegal.com
>
> Main – 813.221.4242
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> Fax – 813.227.8598
>
> rhaughey at sbwhlegal.com
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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, September 6, 2023 12:38 PM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] Notice of Contest of Lien question
>
>
>
> Our experience is that title examiners are a cross between the oracle in
> “The Matrix” and the “precogs” in “Minority Report,” and that their
> conclusions and concerns are both untethered from the Florida Construction
> Lien Law and, therefore, immune from divination by mere mortals (*i.e.*,
> construction lawyers). Just our $0.02…
>
>
>
> *Bryan L. Capps, Esq.*
>
> [image: Logo Description automatically generated with medium confidence]
>
> *Board Certified in Construction Law by The Florida Bar*
>
> The Construction Law Firm
>
> P.O. Box 560693
>
> Orlando, FL 32856
>
> (407) 674-0674
>
> (407) 808-0098
>
> bcapps at theconstructionlawfirm.com
>
> www.theconstructionlawfirm.com
>
> Offices: *Orlando*
>
>
>
> *From:* clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> *On Behalf Of *RPPTL
> CLC-Discussion
> *Sent:* Wednesday, September 6, 2023 10:49 AM
> *To:* clc-discussion at lists.flabarrpptl.org
> *Subject:* Re: [CLC-Discussion] Notice of Contest of Lien question
>
>
>
> Having the trial judge enter an order discharging the lien is the best way
> to proceed since title insurers are unlikely to trust the potential
> non-existence of an event as a basis to underwrite title.  Trusting that a
> title company will proceed simply by showing the existence of the lawsuit
> and lienor's failure to file a counterclaim within 20 days will, in my
> experience, result in a delayed closing.  I would take the extra step and
> make sure the transaction is not scuttled.
>
>
>
>
>
> Chip Bachara
>
> Managing Partner – Board Certified in Construction Law
>
> BACHARA CONSTRUCTION LAW GROUP
>
> One Independent Dr., Ste. 1800, Jacksonville, FL 32202
>
> Phone: 904.562.1060 | Direct Line: 904.562.1066
>
> Website | Biography | Download vCard
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> -----Original Message-----
> From: clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL
> CLC-Discussion
> Sent: Wednesday, September 6, 2023 10:39 AM
> To: clc-discussion at lists.flabarrpptl.org
> Subject: Re: [CLC-Discussion] Notice of Contest of Lien question
>
>
>
> There is a recent case in Fla L. Weekly that was remanded to the trial
> court for other reasons, but instructed the trial judge to enter an order
> discharging the  lien.
>
> For what its worth.
>
>
>
> J. Thomas McKeel, Esq.
>
> J. Thomas McKeel, P.A.
>
> 303 Centre Street, Suite 103
>
> Fernandina Beach, FL  32034
>
> jtm at mckeellaw.com
>
> 904-261-9437
>
>
>
> -----Original Message-----
>
> From: clc-discussion-bounces at lists.flabarrpptl.org <
> clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL
> CLC-Discussion
>
> Sent: Wednesday, September 6, 2023 10:23 AM
>
> To: clc-discussion at lists.flabarrpptl.org
>
> Subject: Re: [CLC-Discussion] Notice of Contest of Lien question
>
>
>
> 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
>
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>
>
> https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=0PFEjlrJ6EY0EALfHXYR37CSm9Ju1y2D9NlVedh_EA4&e=<https://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=1ho_34TxIrODfb7p_WgfFIa0KgH202cdNu95ZgDJhhU&e=
> >
>
> [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
>
>
> https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=0PFEjlrJ6EY0EALfHXYR37CSm9Ju1y2D9NlVedh_EA4&e=<https://urldefense.proofpoint.com/v2/url?u=https-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=1ho_34TxIrODfb7p_WgfFIa0KgH202cdNu95ZgDJhhU&e=
> >
>
>
>
> [cid:logo4_d1062d3d-30e4-47df-99af-a59488723ed9.jpg]<
> https://urldefense.proofpoint.com/v2/url?u=http-3A__clarkpartington.com_&d=DwICAg&c=euGZstcaTDllvimEN8b7jXrwqOf-v5A_CdpgnVfiiMM&r=iQXiL3peYedbGnRTjOumbsk5OjqSk9e1_HFDlIssKw4&m=jHgmd93bWK3xGJ5tc8OsTGA7-C6sVDrsmdxZF8-qZJ4rmZSFQcbrbsOAi-m4s9ef&s=vvjpFPuQ4qusmSYyOWjbWNSD7o_ILBwzFrDuMT5SVks&e=
> >
>
>
>
>
>
>
>
> ________________________________
>
> 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
>
>
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> dan at dangreenelaw.com
>
> dangreenelaw at gmail.com
>
>
>
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