[CLC-Discussion] Fraudulent Lien after Partial Satisfaction

Tue Apr 11 07:19:21 PDT 2023

Although the rest of section 713.31 is less clear, subsection (3) on the
criminal aspect says “Any person who willfully files a fraudulent lien, as
defined in this section
.”  That certainly implies that the intent is
determined at the time the lien was recorded.

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

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-----Original Message-----
From: clc-discussion-bounces at lists.flabarrpptl.org
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Sent: Tuesday, April 11, 2023 9:51 AM
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Subject: Re: [CLC-Discussion] Fraudulent Lien after Partial Satisfaction

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

<mailto:bpartington at clarkpartington.com%3cmailto:bpartington at clarkpartington
.com>
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PARTINGTON

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Bruce Partington | Shareholder

Board Certified Specialist in Construction Law
<mailto:bpartington at clarkpartington.com%3cmailto:bpartington at clarkpartington
.com>
bpartington at clarkpartington.com<mailto:bpartington at clarkpartington.com> |
(850) 432-1399< <callto:(850)%20432-1399> 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/>
https://clarkpartington.com/>

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Sent: Tuesday, April 11, 2023 6:53:47 AM

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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

<mailto:Chernicz at HerniczLegal.com%3chttps://link.edgepilot.com/s/64874136/fs
__QEyhnESJMnFzstJcYg?u=http://Chernicz@herniczlegal.com/>
Chernicz at HerniczLegal.com<https://link.edgepilot.com/s/64874136/fs__QEyhnESJ
MnFzstJcYg?u=http://Chernicz@herniczlegal.com/>

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