Understanding the Statute of Limitations for Liens in Florida

As a property owner in Florida, it’s vital to grasp the rules surrounding liens and the time limits that affect your property. Liens are legal claims against your property to secure debt payment. The statute of limitations sets the clock to initiate legal actions related to liens. Failing to understand and act within these time frames could result in significant consequences for your property ownership.

Here are some details of Florida’s limitation period for liens.

Statute of Limitations

In Florida, the limitation period differs based on the type of lien. Some of the common categories include:

• Construction Liens: For those in the construction industry, the clock starts ticking when you furnish labor or materials to a property. You have a strict 90-day window to address any issues related to construction liens. This covers all aspects of construction, including labor, materials, and services.
• Mechanic’s Liens: If you’re dealing with mechanic’s liens related to construction projects, you get a slightly shorter time frame. Property owners and contractors alike must take action within 60 days from the last date of providing labor or materials.
• Judgment Liens: Judgment liens in Florida are quite different from the rest. They boast an extended statute of limitations, lasting a whopping 20 years. This allows creditors time to collect debts through other means.
• Tax Liens: Tax liens, particularly those imposed by the IRS and state tax authorities, come with a five-year time You need to grasp this timeline and promptly address any tax-related issues to avoid potential fines and penalties.
• Unrecorded Liens: Unrecorded liens in Florida follow the same statute of limitations as recorded liens. This is a crucial point to note because even if unrecorded liens have expired, they can still pose issues for property buyers or lenders. Discovering an unrecorded lien may lead to hesitancy in purchasing or financing the property.

Exceptions

Exceptions can come into play when dealing with liens’ statutes of limitations. For instance, an extension might occur if the debtor commits fraud or misrepresentation. The time frame may also extend for minors or individuals with disabilities. In certain situations, the statute of limitations can be paused or tolled. If you’re uncertain about these, consulting an attorney or a reputable lien search company is your best course of action.

What to Do If You Find a Lien

Take action immediately if you find a lien on your property. Start by contacting the person who filed the lien and ask why. Talking to a lawyer about your choices is also a good idea.

You can also, sometimes negotiate with the lienholder to remove the lien. You might have to go to court to fight the lien in other situations. Moving fast is key to keeping your property safe from foreclosure. Delaying can lead to arguments, more costs, and harm to your credit.

Unrecorded liens have the same statute of limitations as recorded liens. Therefore, you need to search and verify liens on your property as soon as possible. Florida Lien Search can provide you with the most accurate lien verifications. Our team specializes in comprehensive searches that leave no stone unturned. Contact us today to protect your investment!