Affidavit Of Abandonment And Intent To Recommence Construction Form - Mechanic Liens - Corporation or LLC - Florida 2025

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  1. Click ‘Get Form’ to open it in the editor.
  2. Begin by filling in the 'Prepared by, recording requested by and return to' section with your name, company, address, city, state, zip code, phone number, and fax number.
  3. In the 'Affidavit of Abandonment' section, provide the owner's name and legal description of the property where construction was intended.
  4. Indicate who contracted for improvements and reference the recorded Notice of Commencement with its official record book and page number.
  5. Specify when construction ceased and affirm your intent to recommence construction.
  6. List any lienors who have not been paid in full along with their addresses and amounts due.
  7. Complete the signature section with the owner's name, title, address, corporation name, and ensure notarization is completed.
  8. Finally, certify service delivery details as required at the end of the form.

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A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days.
Obtain a Court Order If you suspect an illegal or bad-faith placement of the lien, filing a motion in court to request its removal is an option. This is applicable when clear evidence of fraud or coercion exists. If the court deems the lien invalid, an official order is issued for its removal from the property.
Steps to Removing a Lien Contact the contractor directly and try to negotiate a settlement, which might mean making a compromise payment for the work completed, setting up a payment schedule, modifying the lien claim, or fully releasing the lien.
A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period.
Cost of Removing a Lien from Real Estate Attorney fees can be a few hundred dollars to several thousand. Court costs could be as little as $50 or add up to several hundred dollars. You may also have to pay the county recorders office a recording fee to have the lien release document recorded.
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Although you can file a lien without first giving notice to the owner, the Florida notice to owner rules requires that you give notice within 15 days after filing with the county recorder. Compliance with the notice requirements is necessary to later enforce your rights under the lien.

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