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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 117370
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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Our subcontractor placed a lien on my clients property (

Customer Question

Our subcontractor placed a lien on my clients property ( appramtent miami beach fl), I was the GC for the project.
Lien was placed on property
Pre Info:
Letter of commencement /notize to owner - 45day window for the letter was missed by
lienor and therefore not legit
my question is: how to go about removing a lien from the system, with the proof of contract and date on letter of commencement.
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
Your client needs to send a letter to the subcontractor first and tell them that as they did not comply with the lien law and file notice timely, then the lien is invalid and that if they refuse to remove the lien, then your client will sue to remove the invalid lien and for all damages including attorney's fees and costs for them having to go to court to have the invalid lien removed. Then if the sub contractor refuses to remove, your client can file suit in court to vacate the lien and can be paid for their costs and attorney's fees for having to go to court plus damages from the sub contractor for placing the lien without following the proper procedure, which is strictly adhered to by the courts.
Customer: replied 2 years ago.
thanks for the prompt reply !So there is no easier/timlier solution, meaning getting a court order - after presenting the facts and details of contract and letter of commencement date ?, or to appeal - I thought you submit your proof why invalid, and a judge or clerk looks through info and …Best,
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your reply.
"Getting a court order," is filing the suit in court to vacate the lien as I said above. That is the process of getting the court order, you file a Petition to Vacate Lien, present proof to court, the subcontractor files an answer and the court holds a hearing to examine the evidence.

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