Florida Title Insurance Practice Exam 2026 – The All-in-One Guide to Master Your Certification!

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What does a construction lien require to be valid?

A written contract

A notarized signature

A recorded claim of lien

A construction lien, often referred to as a mechanics lien, requires a recorded claim of lien to be valid. This means that in order for the lien to have legal standing, the claimant must formally file the lien with the appropriate public office, such as the county clerk's office, where the property is located. This recorded document serves as public notice of the claimant's interest in the property due to unpaid work or services that contributed to the property's improvement.

The necessity of recording the claim is critical, as it establishes the priority of the lien in relation to other claims against the property and protects the rights of the claimant. If the claim is not recorded within the specified time frame defined by state law, it may lose its validity and the right to pursue collection through a lien may be forfeited.

To be compliant with the specific legal requirements, a construction lien may also need to follow certain procedural steps, such as providing notice to the property owner before filing the lien, but the key element is the recording of the claim itself. This legal step differentiates a valid lien from one that lacks protection and enforceability under Florida law.

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