HSBC Bank USA, National Ass'n v. Weber

ALOK AHUJA, Judge.

Paul Weber, Letha Weber, and Susie Q Properties, LLC appeal from a judgment of the Circuit Court of Clay County, which declared a Notice the Appellants had recorded in the land records to be invalid because it constituted a nonconsensual common law hen under § 428.105.1C3).1 Because the owner of the real estate at issue consented to the Notice, we hold that it was not a nonconsensual common law hen subject to expungement under § 428.125.2. The judgment of the circuit court is accordingly reversed.

Factual Background

In April 2007, Paul Weber purchased real property containing…