Notice of Commencement, Termination and Priority of Claim of Lien

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LaSalle Bank National Association v. Blackton, Case NO. 5D10-499 (Fla. 5th DCA 2011) held that where a notice of commencement was recorded before a mortgage was recorded, the notice of termination of the notice of commencement was recorded on same day as the mortgage was recorded, and a construction lien was recorded thereafter, the earlier recorded mortgage had priority over the construction lien.  The trial court erred in finding that a notice of termination was not effective to terminate the notice of commencement, and that the construction lien related back to the filing of the notice of commencement.  The trial court erroneously concluded that a notice of termination having both the owner and contractor as the same entity cannot be effective.  It was not necessary to attach a contractor's final payment affidavit to the notice of termination where the owner averred in the notice of termination that all lienors had been fully paid. 


Trenton H. Cotney
Board Certified in Construction Law
Trent Cotney, P.A.
1207 N Franklin St, Ste 222
Tampa, FL 33602
(813) 579-3278

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