Avvo Q&A #4: Is a “Waiver and Release of Lien” as Good as a “Satisfaction of Judgment” and Will it Remove Danger of Potential Future Issues?

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Christopher J. Weiss

Satisfaction of Judgements is governed by F.S. 55.141 Satisfaction of judgments and decrees; duties of clerk.—
(1) All judgments and decrees for the payment of money rendered in the courts of this state and which have become final, may be satisfied at any time prior to the actual levy of execution issued thereon by payment of the full amount of such judgment or decree, with interest thereon, plus the costs of the issuance, if any, of execution thereon into the registry of the court where rendered.

(2) Upon such payment, the clerk shall execute and record in the official records a satisfaction of judgment upon payment of the recording charge prescribed in s. 28.24(12). Upon payment of the amount required in subsection (1) and the recording charge required by this subsection and execution and recordation of the satisfaction by the clerk, any lien created by the judgment is satisfied and discharged.

(3) The satisfaction of judgment executed by the clerk must be substantially in the following form:
Satisfaction of Judgment by Clerk

The undersigned Clerk acknowledges on this day of (month) , (year) , receipt from (identity of party making payment) of $ (total amount received) , comprised of $ face amount of the judgment; $ interest accruing on the judgment through the date of payment; $ costs of issuance of any execution; and $ for recording.

Pursuant to section 55.141, Florida Statutes, said sum is paid to satisfy the lien and to discharge that certain final judgment in favor of (name of judgment holder) whose last known address, if known, is (address if shown on face of judgment or in recorded affidavit pursuant to section 55.10(1), Florida Statutes,) against (name of judgment debtor) recorded in Official Records Volume/Book , page of the public records of County, Florida.

Upon the execution of this satisfaction, said judgment is satisfied and discharged.

If an address for the judgment holder was provided under section 55.10(1), Florida Statutes, I certify that a copy of this notice has been sent to the judgment holder at said address by certified mail with return receipt requested or by registered mail if the notice is to be sent outside the continental United States.

Clerk of Court

(4) If an address for the judgment holder was provided under s. 55.10(1), the clerk shall formally send a copy of the satisfaction to the judgment holder at that address by certified mail with return receipt or by registered mail if the notice is to be sent outside the continental United States. If an address is not provided under s. 55.10(1) or if delivery cannot be effected to such address, the clerk may, but is not obligated to, make reasonable attempts to locate the judgment holder. The discharge of the lien by the issuance of the satisfaction is not dependent upon the delivery of notice by the clerk.

(5) Upon application of the judgment holder, the clerk shall pay over to the judgment holder the full amount of the payment received, less the clerk’s fees for issuing execution on such judgment, if any has been issued; less the clerk’s fees for receiving into and paying out of the registry of the court such payment; less the clerk’s fees for recording the satisfaction of judgment; and, if the clerk incurred expenses in locating the judgment holder, less the reasonable expenses so incurred.

Removing a mechanic’s lien is governed by Florida Statute 713.21 Discharge of lien.—A lien properly perfected under 1this chapter may be discharged by any of the following methods:
(1) By entering (recording) satisfaction of the lien………….in the (recording department of the county where recorded)…. This satisfaction shall be signed by the lienor, the lienor’s agent or attorney and attested by said clerk. Any person who executes a claim of lien shall have authority to execute a satisfaction in the absence of actual notice of lack of authority to any person relying on the same. Forms are on line.

http://www.avvo.com/legal-answers/is-a–waiver-and-release-of-lien–as-good-as-a–sa-1754009.html#answer_3974172

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