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Should I Terminate a Notice of Commencement? Before a property owner can make improvements over $2,500 to their property, Florida law requires the owner (or authorized agent) to record a Notice of Commencement in the public records where the project is located.
No. The Notice of Commencement requirement in Florida is exclusively for the property owners and construction lenders. Contractors and suppliers do not need to file a NOC, but they do have their own preliminary notice requirements called a notice to owner in Florida.
Florida contractors and suppliers must generally send a preliminary notice within the first 45 days on a construction project. In Florida, preliminary notice is called a Notice to Owner, or NTO.
The property owner or property owners agent is the one who must file the Notice of Commencement. Florida law states that a Notice of Commencement must be submitted to the clerks office in order to apply for a building permit with contracts having a value greater than $2,500.
The filing of a notice of commencement shall not constitute a cloud, lien, or encumbrance upon or defect to the title of the real property described in the notice of commencement, nor shall it alter the aggregate amounts of liens allowable, nor shall it affect the priority of any loan in which the property is to secure
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To find an electronic copy of the Notice of Commencement, check out Georgias statewide website, the Georgia Superior Court Clerks Cooperative Authority. Here you can search for a Notice of Commencement, previous liens, real estate documents, and other papers filed with counties across Georgia.
The property owner or property owners agent is the one who must file the Notice of Commencement. Florida law states that a Notice of Commencement must be submitted to the clerks office in order to apply for a building permit with contracts having a value greater than $2,500.
In certain states like Florida, filing a Notice of Commencement is a legal requirement for property owners, and failing to do so may result in serious and costly consequences. Without a Notice of Commencement, property owners may end up paying their contractors and material suppliers double.
To terminate the NOC, the property owner must execute and record a Notice of Termination (NOT) and a final contractors affidavit from the general contractor.
To properly terminate a notice of commencement, the owner must swear to and include the following information in its recorded Notice of Termination: the same information as in the notice of commencement; the book and page reference numbers and date of the notice of commencement;

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