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What should I do next??

FloridaLawsuitLien ForeclosureMechanics LienRecovery Options

I had a verbal agreement on a remodeling job, before it was finished the owner passed away. The heirs have made it clear that they have no intentions of paying. A lien was filed on the home. They are currently going through probate and have a case filed. Should I wait to see what happens with the home, or should I do a Notice of Intent to Foreclose??

1 reply

Nov 16, 2020

A customer's death during a project can certainly create payment disputes. It's hard to know how, exactly, to proceed after a lien filing - but this article should help to identify positive steps that can be taken to receive payment: The 4 Steps to Take After Filing a Mechanics Lien.

As discussed in that article, sending a Notice of Intent to Foreclose can be a really effective step. It lets recipients know you're serious about getting paid and willing to do what it takes to make sure that happens. But, ultimately, it's just another form of a demand letter. So, even if you don't think you'll enforce your lien claim particularly soon, it could be worth a shot to see if that will help to get you paid. More on Notice of Intent to Foreclose and on lien enforcements, here: (1) Construction Payment: What Is a Notice of Intent to Foreclose?; and (2) What Is “Enforcing” a Mechanics Lien? 

Finally, note that the deadline to enforce a Florida mechanics lien is 1 year from when the lien was recorded . That provides 1 year to negotiate payment before legal action on the lien becomes necessary. So, if you believe the estate will be settled before then and that they'll pay what's owed, waiting might make sense. Or, alternatively, if you think the estate will take a long time to settle, or if you think the estate has no intention of making payment, enforcing the lien or at least having an attorney look at your case might make more sense.

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