[RPPTL-constructionlaw] Notice of Contest of Lien issue

[Weintraub, Lee]

The lien would be "removed" from title 60 days after recording the
notice of contest.  How about a strongly worded letter to the lienor
threatening slander of title liability?  Although there is case law
holding no personal liability of the signer of the lien for fraudulent
lien, I believe that case is wrong and a strong argument (one on which
I've been successful before) can be made that there is liability.  I
equally believe there could be personal liability for slander of title
by the signer.  In my experience, most liens are released after receipt
of such a threat of legal exposure.  


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Lee A. Weintraub
Board Certified Construction Lawyer
Becker & Poliakoff, P.A.
Emerald Lake Corporate Park
3111 Stirling Road
Fort Lauderdale, FL 33312-6525

954.985.4147 Phone
954.985.4176 Fax 

LWeintraub at becker-poliakoff.com 
http://www.becker-poliakoff.com


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-----Original Message-----
From: constructionlaw-bounces at lists.flabarrpptl.org
[mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of
Justin Zinzow
Sent: Wednesday, August 17, 2011 10:44 AM
To: 'RPPTL constructionlaw'
Subject: [RPPTL-constructionlaw] Notice of Contest of Lien issue



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
Website | Bio
 

 
 
 
 
 
 
 
 
 
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