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Can we add an owner to initial NTO if it is passed the 45 days?

FloridaPreliminary Notice

Our initial NTO was sent out with a date of delivery of equipment of November 16, 2020. The scout could not find an owner and sent out Notice. Can we still add an owner if we find out any further information? Also what are our lien rights since no owner was listed on NTO?

2 replies

Jan 5, 2021

If there was no owner listed on the notice to owner, who was it sent to originally? Depending on that, and who ultimately received the notice to owner, you may be OK. You would need to consult with an attorney to determine if the notice to owner was properly done. 

You may want to go ahead and send the notice to owner as an amended notice to owner and include the owner. Again, depending on the facts surrounding the first notice to owner, it may not help you to do that, but if you do not send it at all, then it definitely will not help you. 

If the first notice to owner was defective for failing to list the owner, it could eliminate your lien rights, especially if the owner is or was prejudiced by this failure. Again, this would require an attorney to review all the documents involved to determine if your lien rights have been affected by this. 

Jan 5, 2021

Since you are outside 45 days from first delivery, you are past the time to serve NTO and have no lien rights. Since you stated this is "equipment", is this rental equipment? If so, I would contact the customer and state that you intend to pick up the equipment in X days if payment is not received. If they still need your equipment, that may be your best leverage.


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