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How do I list an unclaimed NTO date on a Claim to Lien document that is to be filed?

FloridaNotice of Intent to Lien

We are getting ready to file a lien on a job we did for a contractor. It is asking for the date they were served with the NTO. We have a unclaimed certified returned NTO. Therefore we don't have a date they were notified due to it being unclaimed and returned to us.

1 reply

Oct 8, 2019
Florida Statutes 713.18 addresses this situation. I’ve included the full text of the relevant portion below, but generally the date is going to be the date it was mailed. If you have further questions after reviewing the language below, you should consult with an attorney. Liens are serious and you should make every effort to make sure the information on it is correct.
(3)(a) Service of an instrument pursuant to this section is effective on the date of mailing the instrument if it: 1. Is sent to the last address shown in the notice of commencement or any amendment thereto or, in the absence of a notice of commencement, to the last address shown in the building permit application, or to the last known address of the person to be served; and 2. Is returned as being “refused,” “moved, not forwardable,” or “unclaimed,” or is otherwise not delivered or deliverable through no fault of the person serving the item. (b)If the address shown in the notice of commencement or any amendment to the notice of commencement, or, in the absence of a notice of commencement, in the building permit application, is incomplete for purposes of mailing or delivery, the person serving the item may complete the address and properly format it according to United States Postal Service addressing standards using information obtained from the property appraiser or another public record without affecting the validity of service under this section.
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