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The Florida Senate

2005 Florida Statutes

Section 475.715, Florida Statutes 2005

475.715  Priority of recorded commission notice.--All statutory liens, consensual liens, mortgages, deeds of trust, assignments of rents, and other encumbrances, including all advances or charges made or accruing thereunder, whether voluntary or obligatory, and all modifications, extensions, renewals, and replacements thereof, recorded prior to the recording of a commission notice pursuant to the provisions of s. 475.707, have priority over the commission notice, and the amount required to discharge such prior recorded liens shall be subtracted from gross sales proceeds in computing the owner's net proceeds unless the buyer permits the same to remain a lien against the title to the commercial real estate. A prior recorded lien includes, without limitation, a valid construction lien claim that is recorded after the recording of the broker's commission notice but which relates back to a notice of commencement recorded under s. 713.13 prior to the recording date of the broker's commission notice.

History.--s. 1, ch. 2005-275.