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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 non-payment.

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

Document Information

Fact Name Description
Purpose The Intent to Lien form notifies property owners of an impending lien due to non-payment for services rendered or materials supplied.
Governing Law This form is governed by Florida Statutes §713.06, which outlines the requirements for filing a lien in Florida.
Notice Period The form must be sent at least 45 days before filing a Claim of Lien, ensuring the property owner is informed of the potential lien.
Response Time Property owners have 30 days to respond to the notice. Failure to respond may lead to the recording of a lien.
Consequences If a lien is recorded, the property may face foreclosure proceedings, and the owner may incur additional costs, including attorney fees.

Intent To Lien Florida - Usage Guidelines

Filling out the Intent to Lien form in Florida is an important step if you need to inform a property owner about a potential lien due to non-payment. This process ensures that the property owner is aware of the situation and gives them a chance to respond. Here’s how to properly complete the form.

  1. Date: Write the date you are completing the form at the top of the document.
  2. Property Owner's Full Legal Name(s): Fill in the complete legal names of the property owner(s).
  3. Property Owner's Full Mailing Address: Provide the mailing address for the property owner(s).
  4. Cc: General Contractor's Full Legal Name(s): If applicable, include the full legal names of any general contractors involved.
  5. General Contractor's Full Mailing Address: Enter the mailing address for the general contractor(s), if relevant.
  6. Re: Write a brief description or title related to the project.
  7. Property Description: Fill in the street address of the property.
  8. Legal Description: Include the legal description of the property, which can usually be found in public records.
  9. Dear: Address the property owner by name.
  10. Furnisher's Name: State the name of the person or company that provided labor, services, or materials.
  11. Payment Amount: Clearly state the amount owed for the work performed.
  12. Your Name: Sign the form with your full name.
  13. Your Title: Indicate your job title.
  14. Your Phone Number: Provide a contact number.
  15. Your Email Address: Include your email for further communication.

After completing the form, ensure it is sent to the property owner and any relevant parties. It is crucial to keep a copy for your records, as this document may be important in any future legal proceedings regarding the lien.

Finally, complete the Certificate of Service section at the bottom of the form. This includes the date the notice was served, the recipient's name and address, and the method of delivery. Make sure to sign this section as well.

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Dos and Don'ts

When filling out the Intent To Lien Florida form, it's crucial to follow certain guidelines to ensure the process goes smoothly. Here’s a list of dos and don’ts to keep in mind:

  • Do provide the correct date at the top of the form.
  • Do include the full legal names of the property owners.
  • Do accurately describe the property, including both the street address and legal description.
  • Do clearly state the amount owed for the work performed.
  • Don't forget to include the mailing addresses for both the property owner and general contractor, if applicable.
  • Don't leave any sections blank; incomplete forms can lead to delays.
  • Don't use vague language; be specific about the services or materials provided.
  • Don't ignore the timelines; ensure you send the notice at least 45 days before filing the lien.

By following these guidelines, you can help ensure that your Intent To Lien form is filled out correctly and effectively communicates your intent.

Common mistakes

  1. Incomplete Property Owner Information: Failing to provide the full legal name and mailing address of the property owner can lead to significant delays. Accurate identification is crucial for the validity of the lien notice.

  2. Missing Project Details: Not including the specific property description or street address can create confusion. Clear identification of the property involved is essential for the lien process.

  3. Incorrect Amount Due: Entering an inaccurate amount owed for the work performed can jeopardize the lien's enforceability. Ensure that the figure reflects the actual outstanding balance.

  4. Failure to Meet Timing Requirements: Not sending the notice at least 45 days before filing a lien can invalidate the claim. Adhering to statutory timelines is critical to protect your rights.

  5. Neglecting to Provide Contact Information: Omitting your contact details can hinder communication. Including your name, title, phone number, and email address ensures that the property owner can reach you easily.

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