[CLC-Discussion] [Discussion] 1st DCA Opinion on Clerk's Mandatory Obligation to Record Construction Lien as of Date of Payment for Recording

RPPTL CLC-Discussion clc-discussion at lists.flabarrpptl.org
Thu Oct 7 09:18:50 PDT 2021 

OK, this will be my last bothering  of you on this topic.  Attached is the latest list from SACM-Record Fast showing those counties it believes are available for e-recording.

FAIR WARNING-DO NOT  RELY UPON THIS LIST IF THERE IS ANY CONCERN AS TO THE TIME LIMIT ON RECORDING BEING A CONCERN.  YOU SHOULD FIRST CONTACT THE RECORDING DEPARTMENT FOR THAT COUNTY TO VERIFY ITS E-RECORDING CAPABILITY AND DELAYS IT IS PRESENTLY ENCOUNTERING IN TIMELY E-RECORDING.

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman at wormanlaw.com<mailto:rworman at wormanlaw.com>
www.wormanlaw.com<http://www.wormanlaw.com/>

NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED.  IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353  AND DELETE THIS MESSAGE.  PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Thursday, October 7, 2021 10:59 AM
To: Henson, Brett M. <bhenson at shumaker.com>; RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] [Discussion] 1st DCA Opinion on Clerk's Mandatory Obligation to Record Construction Lien as of Date of Payment for Recording

Brett,

I believe there are a few according to my client, NACM(NACM-South Atlantic), who has a separate division, Record Fast, which handles all of my electronic recording (and does a great job of it).  The most recent update from Amy Sandroni, NTO Team Leader at NACM-South Atlantic, list those counties which accept e-recordings.  One caveat for those of you who do not e-record around the state, each county's processing time for e-recording submittals, varies, sometimes by as much as a week.  I am not sure how this case will impact those counties who don't get the document recorded on the same day as submitted, but this is something we will need follow up on since payment is processed electronically and I am assuming charged by the county (received) at the same time as the document is electronically submitted.

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman at wormanlaw.com<mailto:rworman at wormanlaw.com>
www.wormanlaw.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wormanlaw.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C57f2a10244d24d5f965208d989a569c4%7C68fc084f55084277b842e0ec34a978fa%7C0%7C1%7C637692165833162901%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=G3fJUxXjwI6Qf4EVchVer8RBVObIfb84rkmXmD1%2BGeM%3D&reserved=0>

NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED.  IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353  AND DELETE THIS MESSAGE.  PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

From: Henson, Brett M. <bhenson at shumaker.com<mailto:bhenson at shumaker.com>>
Sent: Thursday, October 7, 2021 8:48 AM
To: Robert Worman <rworman at wormanlaw.com<mailto:rworman at wormanlaw.com>>
Subject: RE: [Discussion] 1st DCA Opinion on Clerk's Mandatory Obligation to Record Construction Lien as of Date of Payment for Recording

Thanks for sharing.  Are their county clerks in Florida that don't have an e-recording system?

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 6, 2021 11:06 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] [Discussion] 1st DCA Opinion on Clerk's Mandatory Obligation to Record Construction Lien as of Date of Payment for Recording

CAUTION: External Email

________________________________
Somehow the attachment did not go through.  Hopefully this will.

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982

www.wormanlaw.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wormanlaw.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C57f2a10244d24d5f965208d989a569c4%7C68fc084f55084277b842e0ec34a978fa%7C0%7C1%7C637692165833172900%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=zqwf3%2FpEOPzZEYfm23GK6Vc3ZBAsPGqKLef9krz0BXk%3D&reserved=0>

NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED.  IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353  AND DELETE THIS MESSAGE.  PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

From: clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org> <clc-discussion-bounces at lists.flabarrpptl.org<mailto:clc-discussion-bounces at lists.flabarrpptl.org>> On Behalf Of RPPTL CLC-Discussion
Sent: Wednesday, October 6, 2021 10:34 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] [Discussion] 1st DCA Opinion on Clerk's Mandatory Obligation to Record Construction Lien as of Date of Payment for Recording

Interesting recent case holding Clerk of Court must show recording date of Construction Lien as of the date payment is received for recording cost, even if there is a delay in the actual recording.

Regards,
Robert B. Worman
Robert B. Worman
Worman & Sheffler, P.A.
2600 Lake Lucien Drive
Suite 405
Maitland, Florida 32751
407 843-5353
REMOTE OFFICE DIRECT PHONE 561 336-4982
rworman at wormanlaw.com<mailto:rworman at wormanlaw.com>
www.wormanlaw.com<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.wormanlaw.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C57f2a10244d24d5f965208d989a569c4%7C68fc084f55084277b842e0ec34a978fa%7C0%7C1%7C637692165833172900%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=zqwf3%2FpEOPzZEYfm23GK6Vc3ZBAsPGqKLef9krz0BXk%3D&reserved=0>

NOTICE:
THIS E-MAIL MESSAGE AND ANY ATTACHMENT TO THIS E-MAIL MESSAGE CONTAINS CONFIDENTIAL INFORMATION THAT MAY BE LEGALLY PRIVILEGED.  IF YOU ARE NOT THE INTENDED RECIPIENT, YOU MUST NOT REVIEW, RETRANSMIT, CONVERT TO HARD COPY, COPY, USE OR DISSEMINATE THIS E-MAIL OR ANY ATTACHMENT TO IT. IF YOU HAVE RECEIVED THIS E-MAIL IN ERROR, PLEASE NOTIFY US IMMEDIATELY BY RETURN E-MAIL OR BY TELEPHONE AT 407-843-5353  AND DELETE THIS MESSAGE.  PLEASE NOTE THAT IF THIS E-MAIL MESSAGE CONTAINS A FORWARDED MESSAGE OR IS A REPLY TO A PRIOR MESSAGE, SOME OR ALL OF THE CONTENTS OF THIS MESSAGE OR ANY ATTACHMENTS MAY NOT HAVE BEEN PRODUCED BY WORMAN & SHEFFLER, P.A.
TAX ADVICE DISCLOSURE:  TO ENSURE COMPLIANCE WITH REQUIREMENTS IMPOSED BY THE IRS UNDER CIRCULAR 230, WE INFORM YOU THAT ANY U.S. FEDERAL TAX ADVICE CONTAINED IN THIS COMMUNICATION (INCLUDING ANY ATTACHMENTS), UNLESS OTHERWISE SPECIFICALLY STATED, WAS NOT INTENDED TO BE USED, AND CANNOT BE USED, FOR THE PURPOSES OF (1) AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE OR (2) PROMOTING, MARKETING OR RECOMMENDING TO ANOTHER PARTY ANY MATTERS ADDRESSED HEREIN.
PLEASE BE ADVISED THIS LAW FIRM MAY BE ACTING AS A DEBT COLLECTOR AND IS ATTEMPTING TO COLLECT A DEBT.  ANY INFORMATION PROVIDED WILL BE USED FOR THAT PURPOSE.

al and National Commerce Act, any version of the Uniform Electronic Transactions Act or any other statute governing electronic transactions.  If this communication relates to a debt, please note that this is a communication from a debt collector attempting to collect a debt and that any information obtained will be used for that purpose.

Brett M. Henson
Attorney at Law
Board Certified in Construction Law
[Shumaker, Loop & Kendrick, LLP]<https://nam12.safelinks.protection.outlook.com/?url=http%3A%2F%2Fwww.shumaker.com%2F&data=04%7C01%7Crworman%40wormanlaw.com%7C57f2a10244d24d5f965208d989a569c4%7C68fc084f55084277b842e0ec34a978fa%7C0%7C1%7C637692165833182898%7CUnknown%7CTWFpbGZsb3d8eyJWIjoiMC4wLjAwMDAiLCJQIjoiV2luMzIiLCJBTiI6Ik1haWwiLCJXVCI6Mn0%3D%7C0&sdata=Pr9Py%2F%2Fs4mR%2FIJSiN1GncXdWu%2Ff7ilUj3g%2BtvIRa9Ic%3D&reserved=0>
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