Question 1

What is the priority of a mechanic’s lien in Florida?

Accepted Answer

FL mechanic’s lien priority (Chapter 713): a mechanic’s lien (construction lien) relates back to the date work commenced on the property (the "relation back" doctrine). This means: a construction lien may have priority over: mortgages recorded after work commenced, judgment liens filed after work commenced, and other encumbrances recorded after work commenced. However: a construction lien is subordinate to: mortgages and encumbrances recorded BEFORE work commenced, and property tax liens (which always have priority).

Question 2

How does the relation-back doctrine work in Florida?

Accepted Answer

Relation back: the lien’s priority date is the date of actual commencement of work (not the date the lien is recorded). Section 713.07: the lien relates back to the time of the beginning of the improvements. This means: even though the lien may not be recorded until months after work began, its priority is determined by when the first work was done on the property. This can create a "hidden lien" risk for lenders: a mortgage recorded after work has commenced may be subordinate to construction liens that are not yet recorded.

Question 3

How can a Florida lender protect against construction lien priority?

Accepted Answer

Lender protections: require a "no lien" affidavit (the contractor and owner certify that no work has commenced before the mortgage is recorded), obtain a title search (to identify any recorded notices of commencement or existing liens), monitor the construction site (to ensure no work begins before the mortgage is recorded), require lien waivers (from all contractors, subcontractors, and suppliers as work progresses), and consider a payment bond (Section 713.23: a payment bond can transfer lien rights from the property to the bond). The Notice of Commencement (Section 713.13): if the owner records a Notice of Commencement, it triggers the lien claim process and provides notice to lenders.

Priority of Mechanic's Lien

Mechanic’s Lien Priority in Florida

Priority Rule

Priority Order

Lender Protections

Related Terms

Barnes Walker Construction Law

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