Contest of Lien

[iamfreeru2]

Well, here we go again!!

Today a friend of mine that has a Designation of Homestead on his property here in Florida went down to our friends at the Marion County Clerk of Court to record a Notice of Contest of Lien and it was refused. The refusal is clearly against the Florida Statutes.

713.22 Duration of lien.--

(1) No lien provided by this part shall continue for a longer period than 1 year after the claim of lien has been recorded, unless within that time an action to enforce the lien is commenced in a court of competent jurisdiction. The continuation of the lien effected by the commencement of the action shall not be good against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded.

(2) An owner or the owner's agent or attorney may elect to shorten the time prescribed in subsection (1) within which to commence an action to enforce any claim of lien or claim against a bond or other security under s. 713.23 or s. 713.24 by recording in the clerk's office a notice in substantially the following form:



NOTICE OF CONTEST OF LIEN

To: (Name and address of lienor)
You are notified that the undersigned contests the claim of lien filed by you on _____, (year) , and recorded in _____ Book _____, Page _____, of the public records of _____ County, Florida, and that the time within which you may file suit to enforce your lien is limited to 60 days from the date of service of this notice. This _____ day of _____, (year) .

Signed: (Owner or Attorney)



The lien of any lienor upon whom such notice is served and who fails to institute a suit to enforce his or her lien within 60 days after service of such notice shall be extinguished automatically. The clerk shall mail a copy of the notice of contest to the lien claimant at the address shown in the claim of lien or most recent amendment thereto and shall certify to such service on the face of such notice and record the notice. Service shall be deemed complete upon mailing.

A formal complaint has been made to the Attorney General again for the refusal of this recording. The Florida Constition clearly states that only certain liens can attach and an IRS Notice of Lien is not one of them.

ARTICLE X SECTION 4. Homestead; exemptions
(a) There shall be exempt from forced sale under process of any court, and no judgment, decree or execution shall be a lien thereon, except for the payment of taxes and assessments thereon, obligations contracted for the purchase, improvement or repair thereof, or obligations contracted for house, field or other labor performed on the realty, the following property owned by a natural person