Outline
Common PDF Templates
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Intent To Lien Florida Sample
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 |
Instructions on Utilizing Intent To Lien Florida
After completing the Intent to Lien form, it is important to ensure that it is delivered properly to the property owner and any relevant parties. This step is crucial for maintaining compliance with Florida statutes and protecting your rights regarding payment for services rendered.
- Date: Fill in the date when the notice is being sent.
- Property Owner's Full Legal Name(s): Enter the complete legal names of the property owner(s).
- Property Owner's Full Mailing Address: Provide the full mailing address of the property owner(s).
- Cc: If applicable, list the general contractor's full legal name(s).
- General Contractor's Full Mailing Address: Enter the mailing address of the general contractor.
- Re: Briefly describe the subject of the lien notice.
- Property Description: Include the street address of the property.
- Legal Description: Provide the legal description of the property.
- Dear: Address the property owner by name.
- Intent Statement: State the name of the party intending to file the lien and mention the services or materials provided.
- Amount Due: Clearly indicate the amount owed for the work performed.
- Response Time: Inform the property owner of the 30-day period to respond to avoid further action.
- Consequences: Briefly explain the potential consequences of failing to respond, including the possibility of foreclosure.
- Contact Information: Provide your name, title, phone number, and email address for further communication.
- Certificate of Service: Fill in the date the notice was served and the name of the person served.
- Delivery Method: Check the appropriate box for how the notice was delivered.
- Name and Signature: Include your printed name and signature at the bottom of the form.
Misconceptions
Understanding the Intent To Lien Florida form can be crucial for property owners and contractors alike. However, several misconceptions often arise about this important document. Here are seven common misunderstandings:
- It is the same as a lien. Many people think that filing an Intent to Lien is the same as placing a lien on a property. In reality, this form is a notice that informs the property owner of the intent to file a lien, which occurs later if payment is not made.
- It guarantees payment. Some believe that sending an Intent to Lien ensures they will receive payment. While it serves as a formal reminder, it does not guarantee that the property owner will pay.
- It can be filed at any time. This is not true. In Florida, the Intent to Lien must be sent at least 45 days before the actual lien is recorded. Timing is essential in this process.
- It must be sent by certified mail only. While certified mail is a common method, the Intent to Lien can also be delivered through other means, such as hand delivery or a process server.
- It is only for contractors. Many think only contractors can file an Intent to Lien. However, anyone who has provided labor or materials for property improvements, including subcontractors and suppliers, can use this form.
- Once sent, no further action is needed. Sending the Intent to Lien is just the first step. If payment is not received, further action, such as filing the actual lien, may still be necessary.
- It affects credit immediately. Some believe that an Intent to Lien will immediately impact their credit score. However, the actual lien must be recorded for any credit implications to occur.
By clarifying these misconceptions, both property owners and those providing services can better navigate the complexities of the lien process in Florida.
Documents used along the form
The Intent to Lien form is a crucial document for those in the construction and contracting industries in Florida. It serves as a formal notice to property owners regarding unpaid debts for services or materials provided. Several other documents often accompany this form to ensure proper legal procedures are followed and to protect the rights of the parties involved. Below are four commonly used forms and documents related to the Intent to Lien.
- Claim of Lien: This document is filed after the Notice of Intent to Lien if payment is not received. It officially establishes a lien against the property, which can affect the owner's ability to sell or refinance the property until the debt is settled.
- Non-disclosure Agreement: To protect sensitive information in business relationships, consider our vital Non-disclosure Agreement guidelines that ensure confidentiality and legal compliance.
- Notice of Commencement: This document is filed by the property owner before construction begins. It provides important information about the project, including the contractor's details and the property description, which helps subcontractors and suppliers understand their rights to file a lien.
- Release of Lien: Once payment has been made, this document is used to release the lien on the property. It confirms that the debt has been satisfied and that the lien is no longer valid, allowing the property owner to proceed without encumbrances.
- Affidavit of Non-Payment: This document may be used to affirm that payment has not been received for work performed. It can serve as a supporting document when filing a Claim of Lien, providing evidence of the unpaid debt.
Understanding these documents and their purposes is essential for anyone involved in construction projects in Florida. Proper use of the Intent to Lien and related forms helps ensure compliance with state laws and protects the rights of contractors and property owners alike.