What Is a Partial Release of Lien in Florida
Tough times can make paying debts challenging. Maybe it's your taxes, bank loan, and child support, to name a few. Worse when the creditor places a lien on your car, house, other property, or even your credit report. The lien tells the world your property belongs to the creditor and can sell it to settle your debt.
If you are fortunate to pay the debt in installments, you can obtain a.
This process, however, isn't all bed of roses. You might not know where to start if you have a lien or how to fill out lien release forms. Thanks to DoNotPay's faster, more convenient, automated, and less frustrating way, all that is about to change.
What Is a Partial Release Lien in Florida?
A is an agreement that partially releases your property from a previously filed lien. This public records contract clears your title regarding the property in question.
Picture this scenario: You hire a contractor to work on your house and all adjacent buildings as you plan on selling them. You agree to pay $50K for the whole project. Due to some unfortunate circumstances, you are unable to pay the contractor.
Florida Construction Lien Law, Sec 713.001 – 37, allows the contractor to file a mechanics lien against your property for the defaulted payment. After negotiations, you agree to pay $30K for a partial reclaim of your property. The contractor then files a partial lien release with the county court clerk where the property in question is located. The partial release generally indicates the contractor, or any other debtor, has received a certain amount in payment and has relinquished a portion of ownership back to you.
How to Check If You Have a Partial Release Lien in Florida
All types of liens in Florida must be public records, making it easier and convenient for you to check if there are any liens attached to your assets.
When a creditor files a lien or partial release of lien in Florida, they must do so at the county recorder or court clerk for which that property is located. The creditor should then send the documents to you via certified mail and receipt requested to confirm you have received them. This way, you are aware of the lien's existence, but it doesn't hurt to check.
Different organizations in Florida are in charge of different types of liens. For instance:
- Check and confirm all judgment liens on personal property with the Florida Department of State. Alternatively, you can perform a search by address on the relevant agency's online portal using lien search platforms such as Property Shark or U.S. Title Records. You can also hire an attorney or a title search company.
- If you need to check a lien on your car, you can visit the Florida Department of Highway Safety and Motor Vehicles (FLHSMV) or FloridaDrivingRecord.com from your web browser. Search for your vehicle using the license plate number of Vehicle Identification Number (VIN).
- To check for lien and other documentation on your boat or vessel, enter the vessel's name or the U.S Coast Guard identification number on the National Oceanic and Atmospheric Administration website.
Liens are a big deal in Florida, especially if you wish to buy or sell an asset. You can do so at the local court's clerk or county recorder's offices for any other assets you need to confirm.
How to Fight a Lien on Your Property
A lien can be like a dark cloud hanging over your title and preventing you from selling or refinancing your property. Fortunately, there are steps you can take to fight the lien off your property:
- Wait it out – a lien has a one-year life in Florida, after which the creditor is supposed to discharge it. However, the law also allows for an extension of the lien.
- Negotiate with the contractor for a Florida partial release of lien
- Sue the contractor by arguing their work was unsatisfactory, used substandard materials, failed to complete their scope of work, or you don't owe them any money
- File for a lien discharge bond from an insurance company. The bond proves to the county clerk that you can pay the mechanical lien. The creditor then attaches the lien to the bond – bonding off – returning ownership of the property to you.
How to Get a Florida Partial Release Lien Form
If you are a creditor and need to file a lien or partial lien release in Florida, you must visit the county recorder or clerk of the court's offices in which the property is located.
There are three primary sources of lien forms in Florida:
- The county recorder or court clerk
- Download the forms from various websites.
- Ask your attorney to get the forms for you
You will find all the forms and documents you need to file any type of lien in Florida at the county recorder or county court clerk.
For instance, if you are in the following counties you can contact them at:
|Broward County||Online lien search|
Broward County Board of County Commissioners
115 S. Andrews Ave. Fort Lauderdale, FL 33301
|Hernando County||online property lien search|
Hernando County Clerk of Court
20 N Main St
Brooksville, FL 34601
DoNotPay Can Help with a Partial Release of Lien in Florida
Lien laws can be challenging to understand, especially if you don't have legal skills. This can make it challenging to handle a .
With DoNotPay, you don't need any special skills. You can get results through these easy steps:
- Search for remove my lien on DoNotPay.
- Start our Remove My Lien product.
- Answer some questions about your specific lien and let us help you craft a letter to your creditor to resolve the issue.
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What Else Can DoNotPay Do?
Our info-sharing doesn't end once you learn about partial lien release in Florida. We go over and beyond to ensure you can sort out many issues in your life.
So, rest easy knowing we can also help you with:
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