Tag: Claim of Lien

Who can Prepare and Sign a Claim of Lien

Do you know who is supposed to prepare and sign a claim of lien? You better know, as having the wrong person do it can open one up to certain liability and even invalidate the claim of lien. Can You Prepare & Sign That Claim of Lien? Specifically, a claim for a construction lien in Florida should only be prepared by the lienor, the lienor’s employee or the lienor’s attorney licensed to practice law in the state, and that claim of lien should only be signed by the lienor or its authorized agent. The preparation of a claim of lien for third ... Read more

Notice of Contest of Lien

An owner may occasionally benefit from shortening the time in which a lien holder may file suit to foreclose its lien. One way to accomplish this is to serve a Notice of Contest of Lien. Specifically, the lien of any lien holder upon whom such notice is served shall be extinguished automatically unless the lienor institutes a suit to enforce his or her lien within 60 days. The clerk shall mail a copy of the Notice of Contest to the lien claimant at the address shown in the Claim of Lien. Service shall be deemed complete upon mailing. The Notice ... Read more

Repair Shop’s Right To Lien

An equipment repair shop went about fixing a backhoe brought in for service. After completing its work, the shop returned the equipment to its owners along with a bill for repairs. When in a few months the shop didn’t get paid, it placed a repairman’s lien on the backhoe – recording notice of the monies it was owed. A suit was eventually filed to foreclose the lien; an open and shut case thought the repair shop. But in what should be a wake-up call for all those whose business practice has been to release items before getting paid, the court ... Read more