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Motion for Summary Judgment denied because Claim of Lien sent to "Last Known Address of the Person to be Served" ??

FloridaPreliminary Notice

CAN SOMEONE EXPLAIN THIS TO ME.... The Last Known Address "LKA" is an out of state, Texas address of one of the Defendants', who is also the father of one of the married couple owners. I sent the Claim of Lien via certified mail with return receipt to the LKA, it was timely delivered, signed by the recipient, and the green signature card was attached to an Affidavit of Service and filed with the Court. I timely filed my lawsuit, a Texas Deputy Constable served all 3 Summons to the LKA and the “Father” indicated above signed for all three of the Summons, Defendants immediately hire an attorney who files a Notice of Appearance 10 days later. The Constable provided me notarized affidavits of service for each of the summons which I filed with the Court. The Defendants never filed a Notice of Commencement nor did they record any building permits for the job so I got the LKA from the Warranty Deed filed with County Clerk. This LKA address is not some random address it is the same address recorded on the mortgage release of lien and for the last 10 years the County Tax Collector and the County Appraisal District show this LKA address as the owner address. Utility billing and the subject property homeowners’ association have the same LKA on file. If that were not enough, the defendants never received the final payment affidavit from their unlicensed contractor, all payments were improper, no money was retained and I was the only lienor who served a Notice to Owner. When the defendants filed their response to my MSJ, they claimed without any evidence PREJUDICE arguing the Claim of Lien was not served on them personally, at their Texas home address, an address that is not recorded in any of the above documents or public records. WHATS WRONG WITH THIS PICTURE?

1 reply

Nov 14, 2022
You need to hire a construction lawyer. Something smells wrong, but your story is too complex to unravel in an email.
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