The answer is most often "no," even though counsel to the mechanic's lienor
will not know that--unless told.
Florida has a somewhat unique law prescribing lien enforcement that allows a personal money judgment against a contractor by an unpaid subcontractor lienor
In addition, the lienor
may be compelled to reimburse the owner for costs expended by the owner in establishing the exaggeration.
A logical corollary to preventing unjust enrichment to the intervening junior lienor
is the limitation that equitable subrogation can only be applied to the extent the junior lienor
is not prejudiced.
It is possible to bypass this step, and thereby accelerate the discharge process, by simply stipulating in advance with the lienor
as to the amount of the undertaking.
20(2), which was changed in 1988 to effectively say that lien rights of any lienor
may not be waived in advance of doing the work.
In these situations, the lienor
may not have lien rights on the owner's real property, but can assert its claim against the bond instead.
In reviewing the bankruptcy court's decision on appeal, however, the Picker court took a more circumspect view of Florida law and concluded that under Boley, Florida law mandated that a lender with constructive notice of an intervening lien who fails to perform a records search is precluded from availing itself of equitable subrogation and that the second mortgage holder becomes a first lienor
upon the subject property upon satisfaction of the first priority lien.
The legislative intent of the transfer bond statute was simple: "to permit any owner, whether or not he is in privity with a lienor
, to remove the cloud of a lien from his property against which the lien is impressed.
However, unless you can determine that the lienor
has met the state or local licensure requirements, that lien may be unenforceable (and the owner entitled to "prevailing party" attorneys' fees).
As a result, an owner has no obligation to a nonprivity lienor
unless and until that owner timely receives (5) a notice to owner in proper form from that lienor
It held that the trial judge "still has discretion in determining the intent and good or bad faith of the lienor
when he stated the amount of the lien claimed.
The same applies to lienor
and lienee, mortgagor and mortgagee, grantor and grantee, licensor and licensee, party A and party B.
16(1) provides that "[a] copy of the contract of a lienor
or owner and a statement of the amount due or to become due if fixed or ascertainable thereon must be furnished by any party thereto, upon written demand of an owner or a lienor
contracting with or employed by the other party to such contract.
Additionally, subsection (2) authorizes the filing of a satisfaction by the lienor
"duly acknowledged and recorded in the clerk's office.