[RPPTL-constructionlaw] Notice of Contest of Lien issue

[Gibbons, Michael]

  Quickest way in your setting to clear title is to file a show cause
action pursuant to Fla. Stat. s. 713.21(4).  Twenty days after service
(presuming that lienor fails to assert a counterclaim to foreclose
lien), you will be entitled to an order discharging the lien of record.



Michael R. Gibbons
Shareholder
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue, 8th Floor
Orlando, FL 32801
Phone: 407-418-6378
Fax: 407-843-4444
email: michael.gibbons at lowndes-law.com
website: http://www.lowndes-law.com



-----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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