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NOTICE OF INTENT TO FILE A LIEN

Date: ______________

To:

Property Owner's Full Legal Name(s):

____________________________________________________________

Property Owner's Full Mailing Address:

____________________________________________________________

Cc:

General Contractor's Full Legal Name(s), if applicable:

____________________________________________________________

General Contractor's Full Mailing Address:

____________________________________________________________

Re: _________________________________________________________

Property Description:

Street Address: _______________________________________________

Legal Description: _____________________________________________

____________________________________________________________

Dear ___________________,

This Notice is being sent to inform you that ___________________________, having furnished

labor, professional services, and/or materials for improvements to the property described above, intends to record a Claim of Lien against the property for non-payment.

Pursuant to Florida Statutes §713.06(2)(a), this Notice of Intent to File a Lien is being served not less than 45 days prior to recording a Claim of Lien against the property. This notice apprises you that we have not received payment in the amount of _____________________

for work performed on the project.

As per Florida Statutes §713.06(2)(b), failure to make payment in full or provide a satisfactory response within 30 days may result in the recording of a lien on your property. If the lien is recorded, your property could be subject to foreclosure proceedings, and you could be responsible for attorney fees, court costs, and other expenses.

No waivers or releases of lien have been received that would affect the validity of this lien claim.

We would prefer to avoid this action and request your immediate attention to this matter. Please contact us at your earliest convenience to arrange payment and avoid further action.

Thank you for your prompt attention to this matter.

Sincerely,

_________________________ [Your Name]

_________________________ [Your Title]

_________________________ [Your Phone Number]

_________________________ [Your Email Address]

CERTIFICATE OF SERVICE

I certify that a true and correct copy of the Notice of Intent to File a Lien was served on

______________ to ____________________________ at

__________________________________________ by:

Certified Mail, Return Receipt Requested

Registered Mail

Hand Delivery

Delivery by a Process Server

Publication

____________________________

____________________________

Name

Signature

Common mistakes

Filling out the Intent to Lien Florida form can be a straightforward process, but several common mistakes can lead to complications. Understanding these pitfalls can help ensure that the form is completed correctly and effectively.

One frequent error is failing to include the correct property owner's name. It is crucial to provide the full legal name of the property owner as recorded in public records. If the name is misspelled or incomplete, it may invalidate the lien. This mistake can cause delays and additional legal challenges.

Another common mistake involves neglecting to provide an accurate mailing address for the property owner. The address must be complete to ensure that the notice is delivered properly. An incorrect address can result in the property owner not receiving the notice, which could lead to the lien being contested later.

Many people also forget to specify the amount owed. Clearly stating the amount for which the lien is being filed is essential. This figure should reflect the total due for services or materials provided. Omitting this information can create confusion and may weaken the claim.

Additionally, some individuals fail to observe the required timeline for sending the notice. Florida law mandates that the notice be sent at least 45 days before recording the lien. Missing this deadline can lead to the lien being deemed invalid, which can have significant financial repercussions.

Another mistake is not including the legal description of the property. While the street address is important, the legal description provides a precise identification of the property. This description is crucial for ensuring that the lien is correctly attached to the right property.

Finally, not signing the certificate of service can render the notice ineffective. This section is essential as it proves that the notice was delivered to the appropriate parties. Without a signature, there may be disputes regarding whether the notice was properly served.

By avoiding these common mistakes, individuals can better protect their interests and ensure that the Intent to Lien Florida form serves its intended purpose effectively.

Dos and Don'ts

Things You Should Do:

  • Ensure all information is accurate and complete, including names and addresses.
  • Send the notice at least 45 days before filing a lien to comply with Florida law.
  • Keep a copy of the notice for your records as proof of service.

Things You Shouldn't Do:

  • Do not delay in sending the notice; timely action is crucial.
  • Avoid using vague language; be clear about the amount owed and the work performed.
  • Do not ignore any responses from the property owner; failure to respond could lead to further legal action.

Similar forms

The Intent to Lien Florida form serves as a formal notice to property owners regarding unpaid debts related to construction or improvement work. Several other documents share similarities with this form, primarily in their function of notifying parties about claims or intentions regarding property. Below are ten documents that are comparable to the Intent to Lien Florida form:

  • Notice of Lien: This document is filed after the intent to lien has been communicated. It officially records the claim against the property and serves as a public notice of the creditor's interest in the property.
  • Claim of Lien: Similar to the Notice of Lien, this document is a legal claim asserting the right to payment for services or materials provided. It is more formal and is typically filed with the county clerk.
  • Preliminary Notice: Often used in construction projects, this notice informs property owners and general contractors that a subcontractor or supplier is involved in the project and may seek payment if not compensated.
  • Demand Letter: This letter is sent to request payment before taking legal action. It outlines the amount owed and the consequences of non-payment, similar to the Intent to Lien in its purpose to prompt payment.
  • Notice of Non-Payment: This document alerts the property owner that payment has not been received. It serves to remind them of their obligation and is often a precursor to filing a lien.
  • Notice of Completion: Issued at the end of a construction project, this document informs all parties that the work is complete. It can impact lien rights by starting the clock on the time frame for filing a lien.
  • Waiver of Lien Rights: This document is signed by a contractor or supplier to relinquish their right to file a lien. It is often used to assure property owners that they have paid in full.
  • Affidavit of Non-Payment: This affidavit is a sworn statement asserting that payment has not been received for services rendered. It can be used in legal proceedings regarding unpaid debts.
  • Release of Lien: Once payment is made, this document is executed to formally release the lien claim against the property, ensuring that the property is no longer encumbered.
  • Texas Last Will and Testament: This legal document allows individuals to specify the distribution of their assets after death, ensuring their wishes are honored. For more detailed information, visit TopTemplates.info.
  • Construction Contract: While not a notice, this document outlines the agreement between parties regarding the work to be done. It often contains payment terms and conditions that can lead to lien claims if violated.

Understanding these documents can help property owners and contractors navigate the complexities of construction-related payments and liens. Being proactive in communication and documentation can often prevent disputes and protect interests.