[CLC-Discussion] FW: Foreclosure of construction liens in Palm Beach County

Sat Mar 29 08:08:45 PDT 2014

Hint from Clerk of Court and from a Chief Judge of a Judicial Circuit on
construction lien foreclosure actions.

NOBODY (not the judge, not the clerk) wants a construction lien in regular
foreclosure court. It screws up the bookkeeping and messes with their
numbers. A construction lien gets folded into regular homeowner foreclosures
because the person filling out the cover sheet checks the foreclosure box.
Or, they title the pleading "Foreclosure ..." the key being that the first
word a junior clerk sees is "Foreclosure" Don't do that. Make the first word
"Construction" or "Action on Construction Lien: Foreclosure"  anything but
foreclosure at the start. Then do not check the foreclosure box on the cover
sheet. I was told the problem lies equally with our legal assistants who
file the paperwork for us. We have to clue them in.

Jeffrey L. Price, Esq.
Florida Bar Board Certified - Construction Law      

Niesen|Price|Worthy|Campo, PA
5216 SW 91st Drive  Gainesville, FL 32608
Ph (352) 373-9031   Fax (352) 373-9099

http://npw-law.com <http://npw-law.com/> 

ConstructionLaw small logo               NPW_Logo_Fluted_Thumb (1)
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From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Charles
B. Hernicz, Esq
Sent: Friday, March 28, 2014 11:13 AM
To: 'Barry Kalmanson'; HRoberts at cfjblaw.com;
clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] FW: Foreclosure of construction liens in Palm
Beach County

I have found in Palm Beach County that lien foreclosures are not assigned to
the foreclosure division unless the only block checked on the civil cover
page is "foreclosure"; otherwise they are assigned to one of the other
divisions.

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar           
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com

From: clc-discussion-bounces at lists.flabarrpptl.org
[mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Barry
Kalmanson
Sent: Friday, March 28, 2014 10:49 AM
To: HRoberts at cfjblaw.com; clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] FW: Foreclosure of construction liens in Palm
Beach County

In Duval County I continually have to file motions to get Construction Lien
foreclosures out of the mortgage foreclosure division. This is problem
throughout the 67 counties of the state and the legislative committee should
explore a resolution.

Sincerely,

Barry Kalmanson

500 N Maitland Avenue

Suite 305 

Maitland, Fl. 32751

407-645-4500 x 215

-----Original Message-----
From: Roberts, Hardy L. <HRoberts at cfjblaw.com>
To: clc-discussion <clc-discussion at lists.flabarrpptl.org>
Sent: Fri, Mar 28, 2014 10:27 am
Subject: [CLC-Discussion] FW: Foreclosure of construction liens in Palm
Beach County

Folks, 

Sherry agreed I could share this comment.  

Hardy

From: Sherry Eisele [mailto:sleisele at southmilhausen.com
<mailto:sleisele at southmilhausen.com?> ] 
Sent: Friday, March 28, 2014 10:07 AM
To: Roberts, Hardy L.
Subject: Foreclosure of construction liens in Palm Beach COunty

Hardy,

I think a construction lien foreclosure is going to be treated the same way
as any other foreclosure unless you file a motion requesting that the court
excuse the parties in your case from compliance with administrative orders
that apply generally to foreclosures.  I have done that in another circuit.
It is a similar concept to asking one of the business court judges here to
excuse the parties from compliance with the business court case management
requirements.  

Sherry Lambson-Eisele, Esq.
SOUTH MILHAUSEN, P.A.
Gateway Center
1000 Legion Place, Ste. 1200
Orlando, Florida 32801
Phone: (407) 539-1638/Mobile (407)405-8801
Fax: (407) 539- 2679
Website: www.southmilhausen.com <http://www.southmilhausen.com/> 
Email: sleisele at southmilhausen.com

South Milhausen, P.A.

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