[RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

[Barry Kalmanson]

Have you investigated the the unlicensed practice of  law issue? You may find language in the reported opinion on preparation of notices to owner interesting.


Barry Kalmanson
bkpa1 at aol.com




-----Original Message-----
From: Charles B. Hernicz, Esq <CHernicz at herniczlegal.com>
To: 'RPPTL constructionlaw' <constructionlaw at lists.flabarrpptl.org>
Sent: Wed, May 2, 2012 12:56 pm
Subject: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies



The 2007 changes to chapter 713 included a change to 713.08 that states--
 
(2) The claim of lien may be prepared by the lienor or the lienor’s employee or attorney and shall be signed and sworn to or affirmed by the lienor or the lienor’s agent acquainted with the facts stated therein.
 
My understanding was that this was intended to prohibit notice companies from drafting claims of lien.  The result has been that the notice companies are still drafting the liens but no longer putting their information in the “Prepared by and return to” block.  I’ve had several problems in the past few weeks with liens improperly drafted, and in one case signed by the notice company as “agent” of the contractor and recorded without the contractor’s knowledge or approval (which almost blew up a settlement deal we had worked out).  What can/should be done to stop this??
 
Chuck
 
Charles B. Hernicz, Esq.
Board Certified in Construction Law by The Florida Bar
Hernicz Legal Services, P.L.
15854 Bent Creek Road 
Wellington, FL 33414 
Telephone: (561) 753-7511 
Facsimile: (561) 753-7082 
Chernicz at HerniczLegal.com
 
 


_______________________________________________
onstructionlaw mailing list
onstructionlaw at lists.flabarrpptl.org
ttp://mailman.fsr.com/mailman/listinfo/constructionlaw

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mailman.fsr.com/pipermail/constructionlaw/attachments/20120502/b486df91/attachment.html>