Content Overview
The Intent To Lien Florida form serves as a crucial document for contractors, subcontractors, and suppliers who have provided labor or materials for property improvements but have not received payment. This form notifies property owners of the sender's intention to file a lien against their property due to non-payment. It includes essential details such as the date of the notice, the full legal names and addresses of both the property owner and the general contractor, if applicable. Additionally, the form outlines the specific property description, including the street address and legal description. By sending this notice, the sender complies with Florida Statutes §713.06(2)(a), which requires that the notice be served at least 45 days before a lien is recorded. The form also emphasizes the importance of timely payment, stating that failure to respond within 30 days may lead to a lien being filed, potentially resulting in foreclosure proceedings and additional costs for the property owner. The sender expresses a preference to resolve the matter amicably and provides contact information for immediate communication, reinforcing the necessity for prompt attention to the issue.
Key takeaways
When filling out and using the Intent To Lien Florida form, consider the following key takeaways:
- Purpose of the Form: This form notifies property owners that a lien may be filed due to non-payment for services or materials provided.
- Timing is Crucial: The notice must be sent at least 45 days before filing a Claim of Lien, as per Florida law.
- Clear Identification: Include the full legal names and mailing addresses of both the property owner and the general contractor, if applicable.
- Specificity Matters: Clearly describe the property and include both the street address and legal description to avoid confusion.
- Payment Details: Specify the amount owed for the work performed to give the property owner a clear understanding of the claim.
- Response Timeframe: The property owner has 30 days to respond to the notice before a lien can be recorded.
- Consequences of Non-Payment: Failure to respond may lead to a lien being placed on the property, potentially resulting in foreclosure.
- Certificate of Service: Ensure to complete the certificate section, indicating how the notice was delivered to maintain a record of service.
Guide to Writing Intent To Lien Florida
After completing the Intent To Lien form, it is important to ensure that it is served correctly to the property owner and any relevant parties. This will help maintain compliance with Florida statutes and protect your rights regarding payment. Below are the steps to fill out the form accurately.
- Date: Enter the current date in the designated space.
- Property Owner's Full Legal Name(s): Provide the complete legal name of the property owner.
- Property Owner's Full Mailing Address: Fill in the full mailing address of the property owner.
- Cc: If applicable, enter the full legal name of the general contractor.
- General Contractor's Full Mailing Address: Include the mailing address for the general contractor, if relevant.
- Re: Write a brief reference or subject line related to the lien.
- Property Description: Provide the street address of the property.
- Legal Description: Fill in the legal description of the property, which may be found in public records.
- Dear: Address the property owner by name.
- Notice of Intent: Clearly state the name of the person or entity intending to file the lien.
- Payment Amount: Specify the amount owed for the work performed.
- Certificate of Service: Indicate the date of service and the name of the person served.
- Delivery Method: Check the appropriate box to indicate how the notice was delivered.
- Name and Signature: Sign and print your name, along with your title, phone number, and email address.
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Form Preview Example
NOTICE OF INTENT TO FILE A LIEN
Date: ______________
To:
Property Owner's Full Legal Name(s):
____________________________________________________________
Property Owner's Full Mailing Address:
____________________________________________________________
Cc:
General Contractor's Full Legal Name(s), if applicable:
____________________________________________________________
General Contractor's Full Mailing Address:
____________________________________________________________
Re: _________________________________________________________
Property Description:
Street Address: _______________________________________________
Legal Description: _____________________________________________
____________________________________________________________
Dear ___________________,
This Notice is being sent to inform you that ___________________________, having furnished
labor, professional services, and/or materials for improvements to the property described above, intends to record a Claim of Lien against the property for
Pursuant to Florida Statutes §713.06(2)(a), this Notice of Intent to File a Lien is being served not less than 45 days prior to recording a Claim of Lien against the property. This notice apprises you that we have not received payment in the amount of _____________________
for work performed on the project.
As per Florida Statutes §713.06(2)(b), failure to make payment in full or provide a satisfactory response within 30 days may result in the recording of a lien on your property. If the lien is recorded, your property could be subject to foreclosure proceedings, and you could be responsible for attorney fees, court costs, and other expenses.
No waivers or releases of lien have been received that would affect the validity of this lien claim.
We would prefer to avoid this action and request your immediate attention to this matter. Please contact us at your earliest convenience to arrange payment and avoid further action.
Thank you for your prompt attention to this matter.
Sincerely,
_________________________ [Your Name]
_________________________ [Your Title]
_________________________ [Your Phone Number]
_________________________ [Your Email Address]
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the Notice of Intent to File a Lien was served on
______________ to ____________________________ at
__________________________________________ by:
□Certified Mail, Return Receipt Requested
□Registered Mail
□Hand Delivery
□Delivery by a Process Server
□Publication
____________________________ |
____________________________ |
Name |
Signature |
Documents used along the form
The Intent to Lien Florida form serves as a crucial document in the process of securing payment for labor or materials provided in construction projects. Alongside this form, several other documents are frequently utilized to ensure compliance with legal requirements and to protect the rights of all parties involved. Below are four important forms and documents often associated with the Intent to Lien.
- Claim of Lien: This document is filed after the Notice of Intent to File a Lien if payment has not been made. It formally asserts the right to place a lien on the property for unpaid services or materials, providing a legal claim against the property.
- Notice to Owner: This document is typically sent to the property owner to inform them of the subcontractor or supplier’s involvement in the project. It serves to establish the right to file a lien if payment issues arise later.
- Invoice Template: Utilizing an effective invoice template, such as the one available at https://toptemplates.info, can streamline the billing process and enhance clarity in financial transactions.
- Waiver of Lien: This document is used to relinquish the right to file a lien on the property. It can be conditional or unconditional, depending on whether payment has been received or is expected.
- Release of Lien: After payment has been made, this document is issued to confirm that the lien has been satisfied. It releases the property from any claims and is essential for clearing the title.
Understanding these documents is vital for all parties involved in construction projects. Proper handling of these forms can help prevent disputes and ensure that payments are made in a timely manner, thereby protecting the interests of contractors, subcontractors, and property owners alike.