Florida Construction Lien Duration: Verifying Foreclosure and Discharge Records Before Bidding
Understanding the One-Year Construction Lien Deadline
Florida Statutes Section 713.22 establishes a critical timeline that every foreclosure investor should understand: a construction lien does not continue for longer than one year after the claim of lien has been recorded, unless the lienor commences an enforcement action within that period.
This statutory deadline creates both opportunities and risks for investors evaluating properties at foreclosure. A construction lien that appears on the public record may have already lost its enforceability simply through the passage of time—but confirming that status requires careful record verification.
What the Statute Actually Requires
Under Section 713.22(1), the one-year clock begins running from one of two events:
- The recording date of the original claim of lien, or
- The recording date of an amended claim of lien that reflects a later date of final furnishing of labor, services, or materials
If the lienor fails to commence a court action to enforce the lien within that one-year window, the lien does not continue. The statute uses mandatory language: the lien "does not continue for a longer period than 1 year" without timely enforcement action.
The Lis Pendens Requirement for Extended Enforcement
The statute contains an important secondary protection for investors. Even when a lienor does commence an enforcement action within the one-year period, that extended lien is "not enforceable against creditors or subsequent purchasers for a valuable consideration and without notice, unless a notice of lis pendens is recorded."
This means that for a construction lien to maintain its priority position against subsequent purchasers—including foreclosure auction buyers—the lienor must not only file suit but also record a lis pendens providing public notice of the pending litigation.
Key Takeaways
- Construction liens in Florida expire after one year from recording unless the lienor files an enforcement action
- An amended claim of lien showing a later final furnishing date can restart the one-year period
- Even with timely litigation, the lien requires a recorded lis pendens to be enforceable against subsequent purchasers without notice
- Investors must independently verify both the lien recording date and whether any enforcement action or lis pendens exists
- The presence of a construction lien on a title search does not automatically mean the lien remains enforceable
What Foreclosure Investors Should Verify
When a title search reveals a recorded construction lien on a property heading to foreclosure, investors should not assume the lien will survive or that it has automatically expired. Instead, the following records warrant examination:
The Original Claim of Lien: Locate the recorded claim of lien and note its recording date. This establishes when the one-year period began.
Any Amended Claims of Lien: Search for subsequently recorded amendments to the claim of lien. If an amended claim shows a later final furnishing date, the one-year period may have been extended from that later recording date.
Court Records for Enforcement Actions: Determine whether the lienor commenced a lawsuit to enforce the lien within the applicable one-year period. This typically requires searching court records in the county where the property is located for cases naming the property owner as a defendant in a lien foreclosure action.
Lis Pendens Records: If an enforcement action was filed, verify whether a lis pendens was recorded against the property. Without a recorded lis pendens, the statute indicates the lien may not be enforceable against subsequent purchasers for value without notice.
Satisfaction or Discharge Records: Search for any recorded satisfaction, release, or discharge of the construction lien, which would indicate the matter has been resolved.
A Hypothetical Illustration
The following example is hypothetical and does not represent any actual property, transaction, or recorded document.
Consider an investor researching a property scheduled for mortgage foreclosure auction. A title search reveals a construction lien recorded more than thirteen months ago. The investor might initially assume this lien poses a risk to the investment. However, applying Section 713.22, the investor would need to determine whether the lienor filed an enforcement action within one year of the recording date.
If court records show no lien foreclosure lawsuit was filed within that period, the lien may no longer be enforceable under the statute. Conversely, if the lienor did file suit but failed to record a lis pendens, the investor—as a subsequent purchaser—may have additional protections under the statute's notice provisions.
The Importance of Independent Verification
Section 713.22 establishes clear rules, but applying those rules to a specific property requires examining multiple record sources: the official records where liens and lis pendens are recorded, and court records where enforcement actions are filed. These records may be maintained in different systems or locations within a county.
Investors should also recognize that determining whether a lien remains enforceable can involve legal interpretation beyond simple date calculations. Questions may arise about whether a particular lawsuit constitutes a proper enforcement action, whether an amended claim of lien was validly recorded, or whether other circumstances affect the analysis.
Organizing Your Research
TitlePin can be a starting point for property research. Confirm the relevant documents, amounts, and deadlines with the official record holder before relying on them.
Given the legal complexities that can arise when construction liens intersect with foreclosure proceedings, investors facing unclear situations may benefit from consultation with a Florida real estate attorney who can evaluate the specific records and circumstances.