[CLC-Discussion] Demand for Sworn Statement of Account

[Bruce Partington]

This is partly answered by the Florida Bar's uniform title standards which you can find here: http://www.rpptl.org/images/UTS_Draft_20140219.pdf

>From Standard 8.2 (page 72):
[cid:image004.png at 01D0B4D4.DC713EE0]

Since the request for sworn statement of account is not recorded in the public records, there's not an answer to that from a "title" standpoint, but it's certainly a defense to enforcement of the lien.


Bruce D. Partington
Clark Partington
bpartington at cphlaw.com<mailto:bpartington at cphlaw.com>
Direct: 850-432-1399
Fax: 850-432-7340
*Board Certified in Construction Law

From: clc-discussion-bounces at lists.flabarrpptl.org [mailto:clc-discussion-bounces at lists.flabarrpptl.org] On Behalf Of Brian Solomon
Sent: Thursday, July 02, 2015 1:19 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Demand for Sworn Statement of Account

I have a client whose property vacant lot was liened by a general contractor.  We served a demand for sworn statement of account and a notice of contest of lien.  The time has run to respond to the sworn statement.  My client has a buyer.  Does anyone have experience with a title company's willingness to close with proof that lien has been invalidated by operation of law?  If they are unwilling, I would think that the only option is to wait another 30 days for the time to run on the notice of contest of lien.  Any suggestions?

[email signature 4]

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