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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

Documents used along the form

When dealing with property improvements and potential payment disputes, it's essential to have a variety of documents on hand. The Intent to Lien Florida form serves as a crucial first step in notifying property owners of unpaid dues. However, several other forms complement this document, ensuring that all parties are informed and protected. Here’s a list of commonly used documents alongside the Intent to Lien Florida form.

  • Claim of Lien: This document is filed after the Intent to Lien if payment is not received. It officially claims an interest in the property due to unpaid services or materials.
  • Notice of Non-Payment: This serves as a formal notification to the property owner that payment has not been received, typically sent before the Intent to Lien.
  • Release of Lien: Once payment is made, this document clears the lien from the property records, confirming that the debt has been satisfied.
  • Motor Vehicle Bill of Sale: This document is essential for recording the sale of a vehicle and establishing ownership transfer. It includes crucial information such as the date of sale, vehicle details, and signatures. For more information on how to create or utilize this form, refer to this.
  • Waiver of Lien Rights: This form allows a contractor or supplier to waive their right to file a lien, often used when partial payments are made.
  • Preliminary Notice: Sent to property owners and general contractors, this document informs them of the potential for a lien if payment issues arise.
  • Affidavit of Service: This document verifies that the Intent to Lien or other notices were properly served to the appropriate parties.
  • Contractor’s Statement of Account: This outlines the work completed and the amounts owed, providing a detailed account for the property owner.
  • Notice to Owner: A notification that informs property owners about their obligations regarding payments to contractors or suppliers.
  • Final Notice of Intent to Lien: A last reminder sent to the property owner before filing a lien, emphasizing the urgency of payment.

Understanding these documents is key to navigating the complexities of property liens in Florida. Each form plays a vital role in ensuring that rights are protected and that all parties are aware of their obligations. Being proactive and organized can help avoid disputes and ensure smoother transactions in property-related matters.

Similar forms

The Intent to Lien form in Florida serves a specific purpose in the construction and property improvement industry. Several other documents share similar functions, primarily aimed at notifying parties about potential claims related to property. Here are nine documents that are comparable to the Intent to Lien form:

  • Notice of Lien: This document is filed after a debt remains unpaid, formally asserting a claim against the property for owed amounts. It is the next step following the Intent to Lien.
  • Notice of Non-Payment: This notice informs property owners and contractors that payment has not been received for services or materials rendered, similar to the intent notice but without the formal lien claim.
  • Claim of Lien: This is a legal document filed in the public records that officially establishes a lien against a property, often following the Intent to Lien if payment is not made.
  • Pre-Lien Notice: This document serves as a warning before filing a lien, notifying the property owner of the potential for a lien if payment issues are not resolved.
  • Notice to Owner: This notice is sent to inform property owners about the involvement of subcontractors and suppliers in a project, ensuring they are aware of who is working on their property.
  • Release of Lien: This document is used to remove a lien from a property once payment has been made, ensuring that the property is no longer encumbered by the claim.
  • Waiver of Lien: A waiver is provided by a contractor or supplier stating they will not file a lien for payment received, offering some assurance to property owners.
  • Last Will: This important document ensures that your wishes are carried out regarding the distribution of your estate and care for any dependents. To learn more, visit Last Will.
  • Notice of Commencement: This document is filed by the property owner to officially start a construction project and to notify potential lien claimants of the project’s existence.
  • Final Payment Notice: This notice is sent to inform parties that final payment has been made, often included as part of the closing process for construction projects.

Understanding these documents can help property owners and contractors navigate the complexities of construction-related financial obligations and protect their rights effectively.

Misconceptions

Here are nine common misconceptions about the Intent To Lien Florida form:

  1. It is the same as a lien. The Intent To Lien is a notice that a lien may be filed in the future. It does not create a lien itself.
  2. It guarantees payment. Sending this notice does not guarantee that payment will be received. It serves as a warning that a lien may follow if payment is not made.
  3. It can be sent at any time. The notice must be sent at least 45 days before filing a lien. Sending it too late may invalidate the lien.
  4. All contractors need to send it. Not every contractor is required to send this notice. It typically applies to those who have not been paid for their work.
  5. It is only for residential properties. The Intent To Lien can be used for both residential and commercial properties.
  6. Sending the notice is optional. For certain contractors, sending this notice is a legal requirement to protect their right to file a lien.
  7. It must be notarized. The Intent To Lien does not need to be notarized to be valid, but it must be properly served.
  8. It can be ignored. Ignoring this notice can lead to serious consequences, including a lien being placed on the property.
  9. It affects credit scores. The Intent To Lien itself does not directly impact credit scores until a lien is filed and recorded.

Understanding these misconceptions can help property owners and contractors navigate the process more effectively.

Understanding Intent To Lien Florida

  1. What is the Intent to Lien Florida form?

    The Intent to Lien Florida form is a legal notice that informs a property owner of an impending lien on their property due to non-payment for services or materials provided. It serves as a formal warning and is a crucial step in the lien process, allowing property owners a chance to settle outstanding debts before a lien is officially recorded.

  2. Who needs to file this form?

    This form is typically filed by contractors, subcontractors, or suppliers who have provided labor or materials for a construction project but have not received payment. If you are in this situation, filing the Intent to Lien form is an important step to protect your financial interests.

  3. What information is required on the form?

    The form requires the following information:

    • Date of the notice
    • Property owner's full legal name and mailing address
    • General contractor's name and mailing address, if applicable
    • Description of the property, including street address and legal description
    • The amount owed for services or materials
    • Your name, title, contact number, and email address
  4. What are the consequences of not responding to this notice?

    If the property owner fails to respond or make payment within 30 days, the filer may proceed to record a lien on the property. This can lead to serious financial implications for the property owner, including potential foreclosure proceedings and additional costs such as attorney fees and court costs.

  5. How much time does the property owner have to respond?

    The property owner has 30 days from the date of receiving the Intent to Lien notice to respond satisfactorily. It is crucial to address the matter promptly to avoid escalation.

  6. Can the lien be avoided?

    Yes, the lien can be avoided if the property owner pays the outstanding amount or reaches a satisfactory agreement with the filer before the lien is recorded. Immediate communication is encouraged to resolve the issue and prevent further legal action.

  7. What happens after the form is filed?

    Once the Intent to Lien form is filed, the filer must wait at least 45 days before recording a formal Claim of Lien. This waiting period allows the property owner time to respond and settle the debt. If no resolution occurs, the lien can be recorded, which may lead to foreclosure proceedings.

  8. Is there a specific format for sending this notice?

    The notice must be sent in writing, and it can be delivered through various methods such as certified mail, registered mail, hand delivery, or delivery by a process server. It is important to keep a record of how the notice was served.

  9. What should I do if I receive this notice?

    If you receive an Intent to Lien notice, take it seriously. Review the details carefully, and if you believe the claim is valid, arrange for payment as soon as possible. If you dispute the claim, consider seeking legal advice to understand your options and respond appropriately.