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Can I replace a mechanics lien with a UCC lien?

FloridaMechanics Lien

I filed a mechanics lien on a residential project, and am in negotiations with the homeowner to settle the $20,000 debt. They want me to remove the lien from their house so they can sell it, and offered their car as collateral (a 2019 model valued at $35,000). Is it possible to file a UCC lien against another piece of property in place of the mechanics lien?

1 reply

Dec 18, 2020

You could enter into a security agreement with the homeowner to release your lien from the home and transfer it to something else, but why would you want to do that? If they are going to sell the house, your lien can be satisfied out of the proceeds of the sale. There is no need to transfer it to something else. If you transfer it to a car (or anything else) you're likely transferring it to something less valuable than the house and something that probably already has another lien on it. I would not recommend doing this.

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