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

[Andrea Fair]

See the attached.  It’s from 6 years ago and I have not looked into whether  anything has changed since then.  I suspect that the Florida Bar will at least investigate if the magic words "public harm" are used.  Note the vague term "may" is used --- "may be distinguishable from the CAM opinion."  This is re: employees preparing liens, etc. for their employer.  As far as I know, notice companies cannot prepare liens but many of them do.  If you called around to multiple NTO companies, you will be stunned by how many of them offer that service.  I also had a “run in” with an out of state attorney who runs a lien preparation company and who also signs the liens for his clients as their agent.  I think he’s crazy to do so and I don’t think the Florida Bar would be too pleased with him.  Bottom line: Nothing will happen unless someone files a complaint with the bar.

Andrea M. Fair-Purcell
Board Certified Construction Attorney
▬▬▬▬▬▬▬▬▬▬▬▬
FAIR•LAW•PLLC
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13046 Racetrack Road #236
Tampa, FL 33626
(813) 412-1077 phone
(877) 879-4990 fax
www.fairconstructionliens.com<http://www.fairconstructionliens.com>

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Barry Kalmanson
Sent: Wednesday, May 02, 2012 1:39 PM
To: CHernicz at herniczlegal.com; constructionlaw at lists.flabarrpptl.org
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

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<mailto:bkpa1 at aol.com>

-----Original Message-----
From: Charles B. Hernicz, Esq <CHernicz at herniczlegal.com<mailto:CHernicz at herniczlegal.com>>
To: 'RPPTL constructionlaw' <constructionlaw at lists.flabarrpptl.org<mailto: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<mailto:Chernicz at HerniczLegal.com>



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