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Release of Lien in Florida – Two Witnesses Required On Lien Releases

Release of Lien in Florida – Two Witnesses Required On Lien Releases

HB 7037 took effect on July 1, 2014.  It amended Florida Statute §§718.116 by adding a statutory form release of lien. Note that the general rule in Florida is that an instrument creating a lien on real property does NOT require two witnesses, nor does a release of that lien.  See Florida Statute §689.01.

However, the bill created a form of release of lien, applicable to condominiums, cooperatives and home owners associations which does require two witnesses, and then requires that a release of lien be in “substantially” that form.   See revised Florida Statutes §§718.116(5)(d), 719.108(4)(d) and 720.3085(1)(d).

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