[CLC-Discussion] Who can sign liens and releases?

Wed Jul 1 09:43:26 PDT 2020

As far as the execution of liens the word "attorney" was removed from the statute in 1977. Now Section 713.08(2) does not provide authority for an attorney to execute liens unless the attorney happens to be "acquainted with the facts stated therein." This highly unlikely unless the attorney also works as an employee of the lienor.  This makes a fun day in a deposition.
As far as releases go any individual with authority (including attorneys) can execute releases. Section 713.20 does not include a limitation on who can sign the releases of lien. 

Under Section 713.08(2) the discussion becomes much more interesting as to who can prepare the liens . Many throughout the state that are not permitted are preparing liens. This is clearly the unlicensed practice of law.  The Florida Bar has sent cease and desist letters to various companies and non-lawyer individuals for preparing liens.

Sincerely, Barry Kalmanson500 N Maitland AvenueSuite 305 Maitland, Fl. 32751407-645-4500 x 215 http://www.barrykalmanson.com/

-----Original Message-----
From: Bruce Partington <bpartington at clarkpartington.com>
To: Jeffrey Price <jeff at npw-law.com>; clc-discussion at lists.flabarrpptl.org <clc-discussion at lists.flabarrpptl.org>
Sent: Wed, Jul 1, 2020 10:24 am
Subject: Re: [CLC-Discussion] Who can sign liens and releases?

#yiv5527013830 #yiv5527013830 -- _filtered {} _filtered {} _filtered {} _filtered {}#yiv5527013830 #yiv5527013830 p.yiv5527013830MsoNormal, #yiv5527013830 li.yiv5527013830MsoNormal, #yiv5527013830 div.yiv5527013830MsoNormal {margin:0in;margin-bottom:.0001pt;font-size:11.0pt;font-family:sans-serif;}#yiv5527013830 a:link, #yiv5527013830 span.yiv5527013830MsoHyperlink {color:#0563C1;text-decoration:underline;}#yiv5527013830 span.yiv5527013830EmailStyle19 {font-family:sans-serif;color:windowtext;}#yiv5527013830 .yiv5527013830MsoChpDefault {font-size:10.0pt;} _filtered {}#yiv5527013830 div.yiv5527013830WordSection1 {}#yiv5527013830 For what it’s worth, and 692 is part of it, it’s been my policy for years never to sign liens or releases on behalf of clients. Another reason is that the jurat is taking an oath that what is in it is true, and I think it’s best that clients do that. (A release would formally probably only require an acknowledgement, but a lien definitely requires a jurat).    I think the beginning of 692.01 makes it relatively clear: Any corporation may executeinstruments conveying, mortgaging, oraffecting any interest in lands by instruments sealed with the common or corporate seal and signed in its name by its president or any vice president or chief executive officer. Assignments, satisfactions, or partial releases of mortgages and acquittances for debts may be similarly executed by any corporate officer.     But, read carefully, that only applies to acknowledgements, not jurats, because pretty much all instruments affecting any interests in lands, except a construction lien, require only an acknowledgement.     Bruce Partington | Shareholder
bpartington at clarkpartington.com | (850) 432-1399CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340 
125 East Intendencia Street, 4th Floor 
Pensacola, Florida 32502 
clarkpartington.com     From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org>On Behalf Of Jeffrey Price
Sent: Wednesday, July 1, 2020 9:05 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Who can sign liens and releases?    Delivered a partial lien release for a single condo where client has a lien on the entire complex. This was the 6th at this condo for routine sales (Miami-Dade) and was no different that the other 5 (or other 20-some in the last 6 months on other complexes). The release was prepared by me (Attorney for Lienor), signed by me as “Agent/Attorney for Lienor.”      Got into a dispute about the release form (not the amount). First they wanted the jurat changed to duplicate the language as of Jan. 1, 2020 (despite the statute saying the jurat “must be in substantially the following form”). Whatever. Fine.    But then this is forwarded to me. I called “Connie” but because I am not a member of “The Fund” she refused to discuss anything and hung up the phone. (You that have dealt with me can understand, hell, I don’t even like talking to me in a mirror).     Question – has anyone ever heard of this line of reasoning? Does 692 have anything to do with 713 liens and releases?    “The release is signed an agent of a Florida corporation.  Under Sec. 692.01, F.S.,  a corporate officer may sign partial releases of mortgages and acquittances for debts. There is no authority for anyone other than a corporate officer to sign such a document.” connie Clark Senior Underwriting Counsel    P: 800.432.9594   www.TheFund.com        _______________________________________________
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