I did a house in Vero Beach Fl and the homeowner did not pay me so I put a lien on her house after she didn't pay. I tried to work with her and help her out with her living needs which she also signed a contract as a caretaker. She still didn't pay me so I sent a lien on her house for non payment of everything. I was contacted by her lawyer a few days ago and he sent me a letter to withdraw the lien. I haven't been compensated at all the lien been in place since December. The total for the painting job was $27000. I added the caretaker lien for $5000. Bringing her total to $32000. They are trying to sell the house for $1.4 million. Her attorney said I cannot place a lien for caretaker needs. Should I create a edited lien or go ahead and sign the release of lien.
Shane: For your own confidentiality considerations, it would be best to give me a call or call some other experienced Florida construction attorney. There are layers of details that need to be considered including the larger questions relating to improvements, payment amounts, and timing of payment.
The lien for on construction services is improper. You should amend the claim of lien or release it in part to the extent of the caretaker services. Remember you need to file for foreclosurew withina year of filing the lien or the lien expires