[RPPTL-constructionlaw] construction lien - title question

[Eric Kolar]

Check definition of owner.  Anyone with a legal or equitable interest.  There is a case on this with some owner having an equitable interest. 

Eric Kolar
3305 Atlantic Boulevard, Suite B
Jacksonville FL 32207
904 396-0009

On Aug 9, 2012, at 9:57 PM, Michelle Kane <Michelle at michellebkanepa.com> wrote:

> I agree one can lien, but I am curious as to the validity of the title as stated.  Any thoughts?
>  
> __________________________________
> MICHELLE B. KANE, ESQUIRE
> Law Office of Michelle B. Kane, P.A.
> P.O. Box 268
> Winter Park, Florida 32790
> 407.254.5450 Telephone
> 407.536.5043 Facsimile
>  
> <image003.jpg>
> Florida Board Certified Specialist in Construction Law
> Florida Supreme Court Certified Appellate Mediator
> Florida Supreme Court Certified Circuit Civil Mediator
> Florida Supreme Court Certified Family Mediator
> Residential Foreclosure Mediator - 9th Judicial Circuit
>  
> Confidentiality:  The information contained herein, including attachments is confidential and may be privileged.  If you are not the intended recipient, you may  not, and must not read, print, forward, use or disseminate the information contained herein.  Although this correspondence and its attachments are believed to be free of any virus or other defect, it is the responsibility of the receipient to ensure that it is free of viruses or defects and this law firm shall not accept any responsibility by the sender for any loss or damage arising or resulting in any way from its receipt or use.  If you are not the intended recipient of this correspondence, please reply to the sender and include this correspondence and delete from your inbox and your archives and/or discarded file directory.  Any unintended disclosure of legally privileged and or confidential information that may have occurred is inadvertent and does not constitute a waiver of any such privilege or confidentiality.
>  
>  
>  
>  
> From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Larry Leiby
> Sent: Thursday, August 09, 2012 9:41 PM
> To: RPPTL constructionlaw
> Subject: Re: [RPPTL-constructionlaw] construction lien - title question
>  
> Off the top of my head I would say yes if you can show that the son was aware of the improvement and did not object.  The argument is that the parents were acting as agents for the son.  If you can’t show that the son knew then be sure to add counts under 713.11 and a claim for an equitable lien.  The language on service of documents is helpful. 713.18(4) but it only addresses service.  You have to be concerned with the first sentence of 713.10(1).
>  
> Larry R. Leiby, Esq.
> Malka & Kravitz, P.A.                                                          
> 1300 Sawgrass Corp. Pkwy., Suite 100
> Ft. Lauderdale, FL  33323
> Phone:  954-514-0984
> Fax:      954-514-0985     e-mail:  leiby at mkpalaw.com
>  
> Board Certified in Construction Law
> Fla. Supreme Court Certified Circuit Court Civil Mediator
>  
> Member, Leiby Alexander Brandt ADR Group, LLC
> Member, JAMS Global Engineering and Construction Panel                   
> Fellow, College of Commercial Arbitrators
>  
> <image004.jpg>
>  
> From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Tim Atkinson
> Sent: Thursday, August 09, 2012 6:54 PM
> To: constructionlaw at lists.flabarrpptl.org
> Subject: [RPPTL-constructionlaw] construction lien - title question
>  
> Hi all,
>  
> Crazy question of the day (for me at least): 
>  
> May a contractor file a lien against property titled as below where the residential improvement contract (over $2,500) was only between Husband and Wife and contractor (not Son):
>  
> Wife, as 7.5 percent tenant in common with Husband, as 42.5 percent tenant in common with Son, as 50 percent owner with Husband and Son holding their individual interests with right of survivorship only between themselves.
>  
> Any input or help would be most appreciated!
>  
> Best regards,
>  
> Tim
>  
> Timothy P. Atkinson*
> Oertel, Fernandez, Bryant & Atkinson, P.A.
> PO Box 1110, Tallahassee, FL 32302
> 850.521.0700-w | 850.521.0720-f | 850.544.5304-m
>  
> * Board Certified State and Federal
>    Government and Administrative Practice
>  
> <image005.jpg>
>  
>  
> _______________________________________________
> constructionlaw mailing list
> constructionlaw at lists.flabarrpptl.org
> http://mailman.fsr.com/mailman/listinfo/constructionlaw
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120810/2d3bb9d1/attachment.html>