The Intent To Lien Florida form is a crucial document that notifies property owners of an impending claim against their property due to unpaid labor or materials. This notice serves as a formal warning, allowing property owners to address payment issues before a lien is officially recorded. Understanding this process can help you protect your rights and avoid potential legal complications.
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In Florida, the Intent to Lien form serves a crucial purpose for contractors, suppliers, and service providers who have not received payment for their work on a property. This document acts as a formal notification to the property owner that a lien may be filed against their property if payment is not made. The form requires specific details, including the date, names, and addresses of both the property owner and the general contractor, if applicable. It also includes a description of the property and outlines the amount owed for the services rendered. By sending this notice, the party seeking payment is adhering to Florida law, which mandates that they provide at least 45 days' notice before filing a lien. This proactive step is designed to encourage the property owner to address the outstanding payment within 30 days to avoid further legal action, such as foreclosure proceedings. The form concludes with a certificate of service, confirming that the notice was delivered to the appropriate parties. Understanding the significance of this form can help all parties involved navigate the complexities of property-related financial disputes with greater clarity and confidence.
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
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1. A Notice of Intent to Lien is the same as a lien. Many believe that sending this notice automatically places a lien on the property. In reality, it serves as a warning that a lien will be filed if payment is not received.
2. You can file a lien without sending a Notice of Intent. This is incorrect. Florida law requires that you provide this notice at least 45 days before filing a lien. Skipping this step can jeopardize your claim.
3. The Notice of Intent must be sent only to the property owner. This is a common misconception. It should also be sent to the general contractor if applicable, ensuring all parties are informed.
4. Sending the notice guarantees payment. Unfortunately, this is not true. While it alerts the property owner of your intent, it does not ensure that they will pay the outstanding amount.
5. You have unlimited time to file a lien after sending the notice. This is misleading. You must file the lien within a specific timeframe after sending the Notice of Intent, typically within 45 days.
6. All contractors and suppliers must send a Notice of Intent. Not every contractor is required to send this notice. Only those who are not directly contracted with the property owner need to provide it to protect their rights.
7. A Notice of Intent is only for construction-related debts. This is false. It can apply to any unpaid labor, services, or materials related to property improvements, not just construction.
The Intent to Lien Florida form serves as a crucial step for those seeking to secure payment for services rendered or materials supplied in construction projects. Alongside this form, several other documents play important roles in the lien process. Understanding these related forms can help ensure that all necessary steps are taken to protect one’s rights and interests.
By utilizing these forms in conjunction with the Intent to Lien Florida form, individuals can navigate the complexities of property liens more effectively. Each document serves a distinct purpose, ensuring that all parties involved are aware of their rights and obligations throughout the process.