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Fraudulent lien?

Florida

I put a mechanics lien on a project that still owes money and now being threaten to get sued for a fraudulent lien, Not just by the project Contractor but as well as the homeowners. We imported fill materials to a housing development Not per Lot but the Whole development. They state that my lien is fraudulent due to our fill not going to All the lots. Not sure if that classifies My lien being fraudulent? Need some advise Please..

1 reply

Jan 19, 2021

Liens can be declared fraudulent under 713.31, Florida Statutes, under three circumstances: (1) the amount due on the lien is willfully exxagerated, (2) the amount due on the lien includes work that was not performed, (3) the amount due on the lien was compiled with such gross negligence as to amount to willful exageration. If none of those apply to you, then it is unlikely the lien would be found to be fraudulent. Further, a dispuite over the amount you are owed is not enough to make a lien fraudulent. 

You should consult with an attorney to determine what the best next steps are that are available to you. 

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