Intent To Lien Florida Template Modify Form

Intent To Lien Florida Template

The Intent To Lien Florida form serves as a formal notification to property owners about an impending lien due to non-payment for services rendered. This document is crucial for contractors and suppliers, ensuring they follow the legal process before filing a lien. To protect your rights and avoid potential foreclosure, fill out the form by clicking the button below.

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The Intent to Lien Florida form serves as a crucial communication tool in the construction and property improvement industry. This document notifies property owners that a contractor, subcontractor, or supplier intends to file a lien against their property due to non-payment for services rendered or materials provided. The form includes essential details such as the date of the notice, the full legal names and addresses of the property owner and general contractor, and a description of the property involved. It specifies the amount owed and emphasizes the legal implications of non-payment, including the possibility of foreclosure and additional costs like attorney fees. By sending this notice at least 45 days before filing a lien, the sender complies with Florida law, thereby giving the property owner a clear opportunity to address the outstanding payment. The form also includes a certificate of service section, which documents how the notice was delivered, ensuring that there is a record of communication. This proactive approach aims to resolve disputes amicably and prevent further legal action, underscoring the importance of timely payment in property transactions.

Instructions on How to Fill Out Intent To Lien Florida

After filling out the Intent to Lien form, you will be prepared to send it to the property owner and any relevant parties. This is a crucial step in ensuring that you have formally notified them of your intention to file a lien, which can help facilitate payment for services rendered.

  1. Date: Write the current date at the top of the form.
  2. Property Owner's Information: Fill in the property owner's full legal name(s) and mailing address.
  3. General Contractor's Information: If applicable, provide the general contractor's full legal name(s) and mailing address.
  4. Property Description: Enter the street address and the legal description of the property.
  5. Recipient's Name: Address the letter to the property owner by writing their name in the designated space.
  6. Notice of Intent: In the blank space, indicate your name or the name of the entity that furnished labor or materials.
  7. Payment Amount: Clearly state the amount owed for the work performed.
  8. Signature: Sign the document, and include your name, title, phone number, and email address.
  9. Certificate of Service: Fill in the date of service and the name of the person served. Include their address as well.
  10. Delivery Method: Check the appropriate box to indicate how the notice was delivered.
  11. Final Signature: Sign again in the space provided at the bottom of the form.

Key takeaways

When filling out and using the Intent To Lien Florida form, several key points should be considered to ensure compliance and effectiveness.

  • Timely Notification: The form must be served at least 45 days before recording a Claim of Lien. This timeline is crucial to meet statutory requirements.
  • Accurate Information: Ensure that the property owner’s and general contractor’s full legal names and mailing addresses are correctly filled out. Inaccuracies can lead to complications.
  • Payment Details: Clearly state the amount owed for services rendered. This clarity helps the property owner understand the basis of the claim.
  • Consequences of Non-Payment: The notice should explicitly mention that failure to respond within 30 days may result in a lien being recorded, potentially leading to foreclosure and additional costs.
  • Certificate of Service: Complete the certification section accurately to document how the notice was delivered. This step is essential for establishing proof of service.

Documents used along the form

When dealing with the Intent To Lien Florida form, several other documents are often used to support the process. Each of these documents plays a crucial role in ensuring that all parties are informed and that the lien process is handled correctly.

  • Claim of Lien: This document is filed to formally assert a lien against the property. It details the amount owed and the nature of the work performed. Once filed, it serves as a legal claim that can affect the property owner's ability to sell or refinance the property.
  • Notice of Non-Payment: This notice informs the property owner that payment has not been received for services rendered. It is often sent before filing a Claim of Lien, serving as a reminder and providing the owner an opportunity to settle the debt before further action is taken.
  • Waiver of Lien: This document is used to relinquish the right to file a lien against a property. It is typically signed after payment has been made. By signing, the contractor or supplier confirms that they have been paid and will not pursue a lien for the work completed.
  • Certificate of Service: This document certifies that the Intent To Lien has been properly delivered to the property owner and other relevant parties. It includes details about how and when the notice was served, which is essential for legal compliance.

Understanding these documents can help all parties navigate the lien process more effectively. Proper documentation ensures that everyone is on the same page and can help prevent disputes down the line.

Sample - Intent To Lien Florida Form

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

Dos and Don'ts

When filling out the Intent To Lien Florida form, it is important to follow specific guidelines to ensure accuracy and compliance. Here are five things you should and shouldn't do:

  • Do provide the full legal names of the property owners.
  • Do include the correct mailing addresses for both the property owner and the general contractor, if applicable.
  • Do specify the exact amount owed for the work performed.
  • Do ensure that the notice is sent at least 45 days before recording a Claim of Lien.
  • Do keep a copy of the notice for your records.
  • Don't use incomplete or incorrect property descriptions.
  • Don't neglect to sign the form before sending it.
  • Don't forget to include your contact information for follow-up.
  • Don't ignore the requirement to serve the notice properly.
  • Don't delay in sending the notice to avoid complications.