[CLC-Discussion] Express Lien / Levelset -- unlicensed practice of law

[RPPTL CLC-Discussion]

A thought would be to find a case where a fraudulent lien caused some damages and file an affirmative claim against the non-lawyer entity and the contractor. It would at least test the current liability standard for the signer of a fraudulent lien (none).  Until they start paying money damages, it isn’t goingto stop.

Thanks,
Jack

[cid:image002.png at 01D9E48D.FC4C97E0]
Jack Taylor | Attorney
Direct Line: (407) 489-4975

Angius & Terry LLP<http://angius-terry.com/>
Ft. Lauderdale      |      Orlando      |      Palm Harbor
(954) 839-6200           (407) 624-3070          (727) 474-0200
www.constructiondefectlaw.com<../../../../../rbennett/Desktop/_Email%20Sig/www.constructiondefectlaw.com>

Check out our new and improved website at constructiondefectlaw.com<http://constructiondefectlaw.com/>! Don’t forget to like us on social media!  [Facebook] <https://www.facebook.com/angiusandterry/>  [youtube] <https://www.youtube.com/playlist?list=PLnWtPz90yUDN9m6uagSG23OSZDdeCBgBz>  [A close up of a sign  Description automatically generated] <https://www.linkedin.com/company/angius-terry-llp-fl/>

CONFIDENTIALITY NOTICE. This communication contains information which (a) may be legally privileged, proprietary in nature, or otherwise protected by law from disclosure, and (b) is intended only for the use of the addressee/s named. If you are not the intended addressee, or the person responsible for delivering this to the addressee/s, you are hereby notified that reading, copying, or distributing this communication is prohibited. If you have received this communication in error, please notify the sender immediately by calling (800) 680-4001. Thank you.

From: clc-discussion-bounces at lists.flabarrpptl.org <clc-discussion-bounces at lists.flabarrpptl.org> On Behalf Of RPPTL CLC-Discussion
Sent: Friday, September 8, 2023 3:02 PM
To: clc-discussion at lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Express Lien / Levelset -- unlicensed practice of law

I have also encountered several liens prepared by this outfit.  Prepared in Oregon and executed in Louisiana.  Only a few weeks ago on behalf of an owner I filed a 713.21(4) order to show cause complaint.  The lienor did not file a foreclosure complaint, which was good for my client but not so good for the lienor.

Frederick C. Barnes, Esq.
Board Certified Construction Lawyer
500 N. Maitland Ave., Suite 305
Maitland, FL 32751
(407) 865-9200
www.fcbarneslaw.com<http://www.fcbarneslaw.com>
[rsz_1fcb_lrg_logo]

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: Friday, September 8, 2023 2:38 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: Re: [CLC-Discussion] Express Lien / Levelset -- unlicensed practice of law

I haven’t had to litigate against one of these liens.  But, I did have a client that brought me a lien prepared by this outfit and I advised the client of the very real danger that the lien might be found unenforceable for the many of the reasons that the Court found in the judgment you attached.

I agree with your take on this and would be happy to join in discussions seeking a remedy for this practice.
  Scott S. Sheffler, Esquire
  Worman & Sheffler, P.A.
  2600 Lake Lucien Drive, Suite 405
  Maitland, Florida  32751
  Phone: (407) 843-5353, ext. 208
  Fax:  (407) 841-9516
  Website: www.wormanlaw.com<http://www.wormanlaw.com>
NOTICE:  THIS E-MAIL MESSAGE AND ANY ATTACHMENT HERETO 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 PHONE AT 407-843-5353 AND DELETE THIS MESSAGE.  IF THIS E-MAIL 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 IS NOT TO BE USED FOR PURPOSES OF AVOIDING PENALTIES UNDER THE INTERNAL REVENUE CODE.
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: Friday, September 8, 2023 1:50 PM
To: clc-discussion at lists.flabarrpptl.org<mailto:clc-discussion at lists.flabarrpptl.org>
Subject: [CLC-Discussion] Express Lien / Levelset -- unlicensed practice of law

All

Attached is another judgment invalidating a Construction lien prepared by Express Lien / Levelset. As you will note the lien was prepared in Oregon and executed in Louisiana by an individual claiming to have NO knowledge of the contents .


It seems every few weeks I get contacted by an attorney dealing with a lien prepared by this outfit or another nonlawyer. Are any of you defending cases involving a lien prepared by one of the online companies or notice companies?


The CLC should have a discussion to determine the best course of action on how to deal with the unlicensed practice of law in the preparation of construction liens.

Sincerely,


Barry Kalmanson
500 N. Maitland Avenue
Suite 305
Maitland, Fl. 32751
407-645-4500 x 215

WWW.BARRYKALMANSON.COM<http://WWW.BARRYKALMANSON.COM>

Disclaimer

The information contained in this communication from the sender is confidential. It is intended solely for use by the recipient and others authorized to receive it. If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action in relation of the contents of this information is strictly prohibited and may be unlawful.

This email has been scanned for viruses and malware, and may have been automatically archived by Mimecast Ltd, an innovator in Software as a Service (SaaS) for business. Providing a safer and more useful place for your human generated data. Specializing in; Security, archiving and compliance. To find out more visit the Mimecast website.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20230911/cdb8a501/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image002.png
Type: image/png
Size: 47231 bytes
Desc: image002.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20230911/cdb8a501/image002-0001.png>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: image003.png
Type: image/png
Size: 30703 bytes
Desc: image003.png
URL: <http://mailman.fsr.com/pipermail/clc-discussion/attachments/20230911/cdb8a501/image003-0001.png>