[CLC-Discussion] Fraudulent Lien after Partial Satisfaction

[RPPTL CLC-Discussion]

No precedent on this that I'm aware of, but I have had clients come to me a couple of times after having recorded a lien that I've determined includes improper amounts and had the clients sign and file a partial release with language about the amounts being inadvertently included (assuming that they were legitimately unaware that they had included improper amounts. But I've never fought the battle on those all the way through.


I do think that the intent (or gross negligence) element of the fraudulent lien is to be measured at the time of signing and recording the lien. So if it's "fraudulent" when recorded it's likely fraudulent under the statute. But in the instances I described, I determined that the clients did not have that "intent" and so it could and should be fixed.



Bruce Partington | Shareholder
bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399>
CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.com<https://clarkpartington.com/>
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Bruce Partington | Shareholder
Board Certified Specialist in Construction Law
bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399>

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.com<https://clarkpartington.com/>

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________________________________
From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> on behalf of RPPTL CLC-Discussion <clc-discussion at lists.flabarrpptl.org>
Sent: Tuesday, April 11, 2023 6:53:47 AM
To: clc-discussion at lists.flabarrpptl.org
Subject: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction

Does anyone know of a case where a lienor recorded what was a fraudulent lien and later recorded a partial satisfaction but the original lien was still determined to be fraudulent so the entire lien was invalid?  Yes, hoping someone has researched this issue recently and can save the research time.  Thanks!

Chuck

Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
96072 Breezeway Court
Yulee, FL  32097
Telephone: (561) 753-7511
Chernicz at HerniczLegal.com<https://link.edgepilot.com/s/64874136/fs__QEyhnESJMnFzstJcYg?u=http://Chernicz@herniczlegal.com/>
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