[RPPTL-constructionlaw] Notice of Contest of Lien issue

[Justin Zinzow]

I would appreciate any feedback any members of the committee have the time or inclination to provide on the following:

A construction lien was timely recorded and a lawsuit was timely filed.  However, just prior to a 57.105 hearing as to the frivolity of the lien and foreclosure action, the lienor (through counsel) voluntarily dismissed the lawsuit without prejudice.  The lien was never released and demands for release have gone unanswered.  

The propery owner would like to clear the lien as quickly and cheaply as possible.  Would a notice of contest of lien, if recorded now, be effective to terminate the lien if a new lawsuit is not filed (or the old one re-opened) within 60 days?


Justin R. Zinzow | Zinzow Law
Board Certified Construction Specialist
35111 U.S. Highway 19 N.
Suite 302
Palm Harbor, FL 34684                  
Ph: (727) 787-3121
Fax: (727) 787-3231
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