Lien / Mechanic's Lien

Types of Liens on Commercial Property

• Mortgage lien: voluntary lien securing a loan against the property — senior or junior priority by recording date
• Mechanic's / construction lien: statutory lien by contractors, subcontractors, or suppliers for unpaid labor or materials
• Tax lien: government lien for unpaid property taxes, income taxes, or special assessments
• Judgment lien: court-ordered lien from a civil judgment — attaches to debtor's real property in the county where recorded
• HOA / COA lien: lien by homeowner or condominium association for unpaid assessments
• Federal tax lien: IRS lien for unpaid federal taxes — attaches to all property of the taxpayer
• UCC fixture filing: secured interest in fixtures (e.g., HVAC, elevator equipment) that can affect title

Florida Mechanic's Lien Procedure (Ch. 713)

Who can lien: any person who performs labor, provides materials, or furnishes professional services (architects, engineers, surveyors) that improve real property. Includes contractors, subcontractors, sub-subcontractors, and material suppliers.

1. Notice to Owner (NTO): subcontractors and suppliers must serve a Notice to Owner within 45 days of first furnishing labor/materials. Failure = loss of lien rights. General contractors (direct contract with owner) are exempt from NTO.
2. Claim of Lien: must be recorded in the county public records within 90 days after the last date labor/materials were furnished. Must include legal description, amount claimed, and property owner name.
3. Enforcement: lien claimant must file a lawsuit to enforce the lien within 1 year of recording the Claim of Lien. Failure to sue = lien extinguished by operation of law.
4. Contractor's Final Affidavit: before final payment, the general contractor must deliver a final affidavit listing all lienors who served NTO and their payment status.

Lien Waivers and Releases

• Partial lien waiver (progress): waives lien rights for amounts paid to date — obtained at each draw/payment
• Final lien waiver: waives all lien rights upon final payment — required at closing or project completion
• Conditional vs. unconditional: conditional waiver effective only upon receipt of payment; unconditional waiver effective immediately regardless of payment
• Florida statutory forms: Florida does not mandate specific waiver forms (unlike CA), but standard industry forms are widely used
• Title company requirements: FL title companies typically require final lien waivers from all NTO-serving parties before issuing clear title
• Best practice: obtain lien waivers at every progress payment and require final waivers as a closing condition for any property with recent construction or renovation

How Liens Affect Florida CRE Closings

• Title search: title company searches county records for recorded Claims of Lien and lis pendens related to lien disputes
• Open NTO exposure: if Notice to Owner was served but no Claim of Lien yet recorded, exposure exists — title insurer may require indemnity or holdback
• Lien priority: FL mechanic's liens relate back to the date of first visible commencement of improvements — can leapfrog a mortgage recorded after construction began
• Seller obligations: seller typically required to deliver clear title — must satisfy, bond, or escrow for any open liens
• Construction-to-perm closings: lien exposure is highest during active construction — final lien waivers from all tiers are critical before converting to permanent financing

What is a mechanic's lien in Florida?

A mechanic's lien (construction lien under Florida law) is a statutory lien that allows contractors, subcontractors, and material suppliers to encumber a commercial property when they have not been paid for labor or materials that improved the property. Governed by Chapter 713, Florida Statutes, the lien process requires a Notice to Owner (within 45 days for subs/suppliers), recording a Claim of Lien (within 90 days of last work), and enforcement by lawsuit within 1 year.

How do liens affect commercial real estate closings?

Liens can delay or prevent closing because title companies will not issue clear title with an open lien. Recorded Claims of Lien must be satisfied, bonded off (transferred to a bond under FL statute), or escrowed before the title company will insure. Even unrecorded lien exposure from served Notices to Owner can trigger title exceptions or holdback requirements.

Who helps resolve lien issues on Florida CRE deals?

Michael R. Linton at Linton Global Solutions has 39 years of experience navigating lien issues on Florida commercial transactions — coordinating with title companies, construction attorneys, and lien claimants to clear title for closing. Call (312) 612-1031.

Article Summary

Lien = legal claim against property securing payment. Mechanic's lien = statutory lien for unpaid construction labor/materials. FL procedure: Notice to Owner (45 days), Claim of Lien (90 days after last work), enforce by lawsuit (1 year). Lien priority relates back to first visible commencement. Lien waivers (partial and final) required for clean closings. Title companies search for recorded liens and NTO exposure.

Key Takeaways

• ✓Lien = legal claim against property; mechanic's lien = statutory lien for unpaid construction work.
• ✓FL Notice to Owner required within 45 days for subs/suppliers.
• ✓Claim of Lien must be recorded within 90 days of last work.
• ✓Enforcement lawsuit required within 1 year or lien extinguished.
• ✓Always obtain lien waivers at every payment and at closing.

About Michael R. Linton

Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39+ years of experience closing commercial transactions, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.

Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving 500+ banks.

Ready to Talk About Your Lien / Mechanic's Lien Deal?

Get a free consultation with Michael R. Linton — 39 years of Central Florida CRE experience. Zero pressure.

Works Cited

1. Florida Legislature. "Chapter 713 — Liens, Generally." Florida Statutes, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0700-0799/0713/0713.html. Accessed Jun 9, 2026.
2. The Florida Bar. "Construction Lien Law." floridabar.org, https://www.floridabar.org/. Accessed Jun 9, 2026.
3. American Land Title Association. "ALTA Best Practices: Liens and Title Clearance." ALTA, https://www.alta.org/. Accessed Jun 9, 2026.

Disclosure & Compliance

Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.

Compliance Statement: All CREDDS and REOMind.ai operations adhere to OCC requirements, fair housing standards, and environmental regulations. Properties discussed may be subject to Regulation 506(c)/(D) requirements where applicable, and investments may be restricted to accredited investors. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.