Fraudulent Lien - Release of Part of Lien
Can you file a release of lien after the 90 days to amend runs and after you have filed an action in court to avoid having a fraudulent lien so you don't lose your case in Court?
Re: Fraudulent Lien - Release of Part of Lien
I am not giving you any advice regarding the fraudulent lien because I have not seen the lien and I do not know the facts supporting how the lien was compiled or the amounts were arrived at. If you want to read about fraudulent liens read florida statute section 713.31. However with respect to your specific question, a release of lien can be recorded at any time. However, if an action is already filed against the lienor and the lienor is releasing its lien rights then it is likely that the lienor would be subject to paying attorney fees to the owner. IF the lien is fraudulent then ultimately the lienor could be liable up to the amount that the lien is determined to be fraudulent. You should read florida statutes section 713.29 and 713.31 regarding having to pay attorney fees and costs. If you still choose to release the lien then go to our website at www.theconstructionlawyers.com and click on our free forms and select release of lien. Good Luck,
Randall Gilbert
