There was a lien placed on our property on 2/21/13 due to the roofers not paying the materials company. We filed a Notice of Contest of Lien on 4/1/13. On 6/19/13 a Lis Pendens was filed against us. We have not been served anything as of 6/26/13. But on the bottom of the documents says that they were Electronically Filed on 4/30/13. Which date is the correct date to go by? The electronic filing date or the actual date the Clerk filed the paperwork? Isn't this lien invalid now due to the 60 days passing from when we filed the Contest of Lien? What can we do since the roofer will not pay the materials company?
Construction / Development Lawyer
From the sounds of it the lien has failed as a matter of law. The Lis Pendens is a cloud, but not a lien. If the Lis Pendens is based upon the lien, it too should go. We also need to think about the Notice to Owner, roofer's license, DBPR action and other options that make things like this go away.
Now, any decent lawyer will need to search the Official Records to make sure the documents are correct as per date and property, etc. But at this point you may need to file a quiet title/ slander of title action if nobody wants to play nice.
Before all of that, if a lawyer (lawyers scare people, homeowners don't - as a rule) reviews the material and calls the supplier they just might make this go away quietly.
This is not legal advice. Think of this as what you would recieve from a wise uncle. And remember, you have never believed everything your uncle told you either. With free advice you generally get what you pay for.
4 lawyers agree
Personal Injury Lawyer
You count 60 days from the date the clerk mailed the notice to the lienor, then you add five days pursuant to rule 1.090 for service by mail. (Volksbank Regensburg eG v. Burger, 703 So.2d 538 (Fla. 4th DCA 1997). If the last day is a weekend or legal holiday go to the next non-weekend/holiday. that is the date the lawsuit must be filed against you (service of it will be later). If it is not timely filed, it is foreclosed.
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3 lawyers agree
Construction / Development Lawyer
If the materials supplier has not yet sued you to foreclose on its lien, it's too late. The Lis Pendens is not a lawsuit. It typically gets filed with a lawsuit on a lien so you should chech the court system online to see if a suit was also filed on the lien and when. Again if one hasn't been, it's too late now and the lien is no longer of any legal effect. If the supplier sues on the lien now, hire a construction lawyer to get it dismissed. The law should allow you to get reimbursed for your attorneys fees to get the suit dismissed. You should also consider a complaint against the roofer's license if you've paid the roofer for the materials and he refused to pay the supplier. Good luck.
The information provided herein is for general informational purposes only and does not establish an attorney-client relationship. Persons seeking legal advice should consult directly with a licensed attorney or contact the Florida Bar for assistance in finding an attorney.