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The Intent to Lien Florida form serves as a critical communication tool for contractors, subcontractors, and suppliers who have provided services or materials for property improvements but have not received payment. This formal notice, which must be sent at least 45 days before a lien is recorded, outlines the sender's intention to file a Claim of Lien due to non-payment. It includes essential details such as the property owner's full legal name, mailing address, and a description of the property in question. Additionally, the form highlights the amount owed for the work performed and emphasizes the potential consequences of inaction, including foreclosure and liability for legal costs. By providing this notice, the sender aims to prompt the property owner to address the outstanding payment before further legal actions are taken. Clear instructions are given for the property owner to respond within 30 days to avoid the escalation of the situation. This proactive approach not only protects the rights of those who have provided labor or materials but also encourages resolution through direct communication.
Intent To Lien Florida Preview
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
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
-
Incorrect Property Owner Information: Failing to provide the full legal names and mailing addresses of the property owners can lead to delays and complications.
-
Missing Project Details: Omitting crucial information such as the project description or property address can create confusion and weaken the lien's validity.
-
Improper Date Entry: Not accurately entering the date can result in legal issues, especially regarding the timeline for lien recording.
-
Inaccurate Payment Amount: Listing an incorrect amount owed can undermine the claim and may lead to disputes.
-
Failure to Notify the General Contractor: If applicable, neglecting to include the general contractor’s information can complicate communication and the lien process.
-
Ignoring the 30-Day Response Requirement: Not allowing the property owner sufficient time to respond before filing the lien can invalidate the claim.
-
Missing Signature: Not signing the document can render the notice ineffective and legally unenforceable.
-
Incorrect Delivery Method: Using an improper method of service can affect the notice’s legitimacy. Ensure that the chosen method is compliant with legal requirements.
-
Not Keeping Copies: Failing to retain copies of the notice and proof of service can lead to difficulties in future proceedings.
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Dos and Don'ts
When filling out the Intent To Lien Florida form, follow these guidelines:
- Do ensure all property owner names are accurate and complete.
- Do provide the full mailing address for the property owner.
- Do include the general contractor's information if applicable.
- Do clearly describe the property, including both street and legal descriptions.
- Don't forget to specify the amount owed for the work performed.
- Don't leave out the date on which you are sending the notice.
- Don't ignore the requirement to serve the notice at least 45 days before filing a lien.
Misconceptions
Misconceptions about the Intent To Lien Florida form can lead to confusion among property owners and contractors alike. Below are nine common misunderstandings:
- The Intent to Lien is the same as a lien. Many believe that submitting an Intent to Lien automatically places a lien on the property. In reality, it is a notice that informs the property owner of the potential for a lien if payment is not made.
- Only contractors can file an Intent to Lien. This form can be filed by any party that has provided labor or materials for a property improvement, including subcontractors and suppliers.
- The form must be filed immediately after non-payment. The law requires that the Intent to Lien be sent at least 45 days before a lien is recorded, allowing property owners time to respond.
- Sending the Intent to Lien is optional. For certain parties, especially those who are not in direct contract with the property owner, sending this notice is often a necessary step to preserve lien rights.
- Payment must be made before the Intent to Lien is sent. The Intent to Lien is a notification that payment has not been received. It does not require prior payment; rather, it serves to prompt action.
- Property owners are always aware of the work being done. Property owners may not always know who is working on their property, particularly if multiple subcontractors are involved. The Intent to Lien serves to inform them of any outstanding payments.
- Failure to respond to the Intent to Lien is inconsequential. Ignoring this notice can lead to a recorded lien and potential foreclosure, making it crucial for property owners to address it promptly.
- Once filed, the Intent to Lien cannot be rescinded. While the Intent to Lien serves as a warning, it can be withdrawn if payment is made or if the parties reach an agreement.
- All Intent to Lien forms are identical. While there are standard elements, the specifics can vary based on the situation, including the parties involved and the nature of the work performed.
Understanding these misconceptions can help both property owners and contractors navigate the process more effectively, ensuring that all parties are informed and protected.
Detailed Guide for Using Intent To Lien Florida
After completing the Intent to Lien form in Florida, the next step involves ensuring that the document is properly served to the property owner and, if applicable, the general contractor. This notice serves as a formal communication regarding the intent to file a lien due to non-payment for services rendered. It is essential to follow the outlined steps carefully to ensure compliance with Florida law.
- Fill in the date at the top of the form.
- Enter the property owner's full legal name(s) in the designated space.
- Provide the property owner's full mailing address.
- If applicable, enter the general contractor's full legal name(s) in the "Cc" section.
- Fill in the general contractor's full mailing address.
- Write a brief description of the work done in the "Re" section.
- Complete the property description by entering the street address.
- Provide the legal description of the property.
- Address the notice to the property owner by filling in their name.
- State the name of the person or entity intending to file the lien.
- Indicate the amount owed for the work performed.
- Sign the document, including your name, title, phone number, and email address.
- In the Certificate of Service section, fill in the date of service.
- Identify the recipient of the notice.
- Provide the address where the notice was served.
- Select the method of delivery by checking the appropriate box.
- Sign and print your name in the designated area.