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A lienor served with a notice of contest of lien lets 60 days pass without suing. What must the owner do to clear title?

Correct Answer

C) Nothing, the lien is extinguished automatically

Section 713.22(2) states that the lien of any lienor upon whom such notice is served and who fails to institute a suit within 60 days after service "is extinguished automatically". No further recording or court order is needed, though the clerk must have served the recorded notice and certified the service.

Answer Options
A
Record a second notice of contest after the 60 days
B
File a complaint for discharge in the circuit court
C
Nothing, the lien is extinguished automatically
D
Obtain a satisfaction executed by the lienor

Why This Is the Correct Answer

Section 713.22(2) states that the lien of any lienor upon whom such notice is served and who fails to institute a suit within 60 days after service "is extinguished automatically". No further recording or court order is needed, though the clerk must have served the recorded notice and certified the service.

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