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How legal is using my address and what should I do next?

FloridaLien PriorityMechanics Lien

I received a notice about a lien over my property for unpaid work because a subcontractor company used my address property to perform some work...I contacted the subcontractor company and they explained to me that they used my address as a location reference because the work took place at the corner of my property... what should I do next? Thanks

1 reply

Aug 19, 2020
If no work was actually undertaken for the improvement of your property - there should be no lien filed against your property. A mechanics lien only arises when construction work is performed on the property, and some party to that work remains unpaid. There are many notices that can be associated with the lien process, many of which are not actual liens, and do not specifically affect the property. These preliminary notices (or Notices to Owner) are specifically designed to inform a property owner of the identity of work begin performed on his or her property and the parties performing the work. If no work was done, however, no lien can arise. Florida allows a property owner to have a fraudulent lien dismissed from his or her property, and has a right of action against the claimant for any damages incurred. It is likely worth opening up some communication with the subcontractor to find out what is going on, if an actual lien has been filed, and if so, if it can be released by the claimant without the initiation of a lawsuit. A local attorney could assist you if the situation cannot be resolved through open communication if no work was done on your property.
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