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

[Larry Leiby]

If you make a complaint to the Bar UPL committee they will investigate and if they find UPL will either seek a cease and desist affidavit or file proceedings in the Fla. Supreme Court.

See 287 So.2d 305


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

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From: constructionlaw-bounces at lists.flabarrpptl.org [mailto:constructionlaw-bounces at lists.flabarrpptl.org] On Behalf Of Michael D. Randolph
Sent: Wednesday, May 02, 2012 12:30 PM
To: CHernicz at herniczlegal.com; RPPTL constructionlaw
Subject: Re: [RPPTL-constructionlaw] Claims of Lien Drafted by Notice Companies

I too have had such an "agent" draft, file and serve a lien without client consent. Practicing without a license. Why are these acts not being investigated by the appropriate
authority?

Mike

Sent from my iPad

On May 2, 2012, at 12:21 PM, "Charles B. Hernicz, Esq" <CHernicz at herniczlegal.com<mailto:CHernicz at herniczlegal.com>> wrote:
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


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Michael D. Randolph
Board Certified in Construction Law
GrayRobinson, P.A.
5551 Ridgewood Drive, Suite 101
Naples, Florida 34108
Main: 239-598-3601 | Fax: 239-598-3164
Email: Michael.Randolph at gray-robinson.com
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