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Florida Claim of Lien

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Claim of Lien - Corporation or LLC

Prepared by, recording requested by and return to:

----------------------Above this Line for Official Use Only---------------------

Name:

Company:

Address:

City:

State: Zip:

Phone:

Fax:

WARNING!

THIS LEGAL DOCUMENT REFLECTS THAT A CONSTRUCTION LIEN HAS BEEN PLACED ON THE REAL PROPERTY LISTED HEREIN. UNLESS THE OWNER OF SUCH PROPERTY TAKES ACTION TO SHORTEN THE TIME PERIOD, THIS LIEN MAY REMAIN VALID FOR ONE YEAR FROM THE DATE OF RECORDING, AND SHALL EXPIRE AND BECOME NULL AND VOID THEREAFTER UNLESS LEGAL PROCEEDINGS HAVE BEEN COMMENCED TO FORECLOSE OR TO DISCHARGE THIS LIEN.

CLAIM OF LIEN- CORPORATION or LLC

(Florida Statutes Section 713.08)

STATE OF FLORIDA

COUNTY OF

Before me, the undersigned notary public, personally appeared , who was duly sworn and says that she or he is (a representative or agent of the corporate lienor herein), (title) of (the corporate lienor herein), whose address is

; and that in accordance with a contract with , lienor furnished labor, services, or materials consisting of on the following described real property in County, Florida: (insert legal description)

______________________________________________

owned by of a total value of $ , of which there remains unpaid $ , and furnished the first of the items on , 20______, and the last of the items on , 20______; and (if the lien is claimed by one not in privity with the owner) that the lienor served her or his notice to owner on , 20______, by (method of service); and (if required) that the lienor served copies of the notice on the contractor on , 20______, by (method of service); and on the subcontractor, , on , 20______, by (method of service).

Signature of Lienor/Agent

Printed Name of Lienor/Agent

Title of Lienor/Agent

Name of Company

Address

Attest:

Secretary

Verification Pursuant to Section 713.08(2), Florida Statutes. Under penalties of perjury, I declare that I have read the foregoing and that the facts stated in it are true to the best of my knowledge and belief.

Signature

Sworn to (or affirmed) and subscribed before me this day of , 20____ by (name of person making statement).

NOTARY PUBLIC

Print, Type or Stamp Commissioned Name of Notary Public:

Commission Expires:

Personally Known OR Produced Identification

Type of Identification Produced

Certificate of Service

I, , hereby certify that I have delivered this day a true and attested copy of the foregoing to by:

Actual Delivery to the person to be served.

Mailing a true and correct copy of same by registered or certified U.S. mail, with postage prepaid, or by overnight or second-day delivery with evidence of delivery.

If service cannot be made by the above methods, by posting on the premises.

Signature

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What the Florida Claim of Lien Is and When It Applies

A Florida Claim of Lien is a recorded statutory notice used by contractors, subcontractors, suppliers, and laborers to assert a security interest in real property for unpaid work or materials supplied on construction or improvement projects. The document begins a public record under Florida Statutes Chapter 713 and notifies owners, lenders, and subsequent purchasers of a monetary claim tied to specific property. Proper preparation, timely recording, and accurate service are required to preserve lien rights and to enable later enforcement through foreclosure if payment is not obtained through negotiation or alternative remedies.

Step-by-Step: Completing a Florida Claim of Lien

Complete the form in sequence, verify facts, then record and serve according to Florida statute.

  • 01
    Prepare: Gather contract, invoices, and deed information.
  • 02
    Complete Form: Enter claimant, owner, property, and amounts.
  • 03
    Record: File the claim with the county recorder.
  • 04
    Serve Copy: Provide the owner and lender a certified copy.

Frequently Asked Questions About Florida Claims of Lien

Common questions and concise answers addressing validity, timing, serving, and enforcement of liens in Florida.


Need help? Contact support

Why a Proper Florida Claim of Lien Matters

A correctly prepared and timely recorded claim preserves financial remedies and notifies interested parties of an asserted debt against a property. It creates leverage in payment disputes and establishes a priority position against later liens or conveyances.

Why a Proper Florida Claim of Lien Matters

Who Typically Files or Responds to a Florida Claim of Lien

The claim is primarily used by parties who supply labor, materials, or services on property improvements and by the owners, lenders, and title agents who must address recorded claims.

  • General contractors asserting unpaid balances for work performed under contract.
  • Subcontractors or material suppliers seeking payment for furnished goods.
  • Commercial lenders and title companies verifying encumbrances before closing.

Knowing each party's role — claimant, owner, lender, and recorder — streamlines filing, service, and potential enforcement steps.

Essential Elements of a Professional Florida Claim of Lien

A complete claim includes identifying details, accurate legal descriptions, monetary figures, and evidentiary attachments that support enforceability.

Claimant ID

Full legal name, mailing address, and business identification for the claimant to ensure clear attribution and contactability for service and enforcement.

Owner Info

Record the property owner(s) names and addresses exactly as shown on title records to tie the claim to the correct legal party.

Property Description

Use the deed's legal description or parcel ID; a precise description prevents recording rejections and ensures the lien attaches to the intended parcel.

Amount Owed

Provide the claimed dollar amount, including unpaid change orders and retainage, and indicate whether amounts are disputed or subject to setoff.

Supporting Docs

Attach invoices, contracts, payment applications, and delivery records to substantiate the amount and basis of the lien claim.

Signature Block

Signed by an authorized representative with printed name and title; include notarization if the county recording office requires it.

Recordkeeping and Security Considerations

Encryption: TLS 1.2/1.3; AES-256 at rest
Audit Trail: Timestamps, IP, and action history
HIPAA Support: BAA available when required
ESIGN/UETA: Meets federal and state rules
Notary Support: Remote and in-person options
Access Controls: Role-based permissions

Potential Consequences of an Incorrect Claim

Invalidation: Claim may be void
Loss of Priority: Subsequent liens may take precedence
Filing Rejection: Recorder may reject record
Legal Fees: Enforcement increases costs
Statute Bar: Missed deadlines forfeit rights
Fraud Risk: False claims invite sanctions

Common Preparation Errors to Avoid

  • Using an informal street address rather than the legal description can cause county recorders to reject or misfile the claim, impairing lien attachment.
  • Filing under an incorrect claimant name or with inconsistent corporate identifiers increases the chance a court will invalidate the lien during enforcement.
  • Failing to attach supporting invoices or proof of delivery weakens the claimant's position and complicates settlement or foreclosure proceedings.
  • Delaying service of the recorded claim on the owner and lender can lead to disputes about actual notice and may affect priority disputes.

How Filing and Serving a Florida Claim of Lien Typically Works

The process involves preparing the document, recording it with the county, then serving copies to required parties to perfect and preserve rights.

  • Prepare: Complete claim and gather attachments.
  • Record: File at the county recorder's office.
  • Serve: Deliver certified copies to owner and lender.
  • Enforce: Pursue foreclosure if payment fails.

Configuring an Online Completion Workflow

Set up a consistent digital workflow to collect signatures, attach supporting evidence, and route copies to stakeholders.

Field Configuration
Claimant Block Required field; validated against business name
Property Block Legal description field; required for recording
Attachments Upload invoices and contract PDFs
Signature Flow Signer order, authentication, and notarization steps

Digital Filing and Platform Considerations

Electronic completion and submission require compatible file formats, signer authentication, and an auditable trail before recording.

  • File Formats: Use PDF/A or PDF for recorder acceptance
  • Authentication: Email, SMS, or two-factor options
  • Integrations: Link to title or project management systems

Ensure the chosen platform supports notarization, secure storage, and certified copies to meet county recording and service requirements.

Timing and Filing Considerations to Track

Timely action is essential; statutes and county rules determine when a claim must be recorded and what service is required to preserve rights.

Statutory Windows:

Florida Statutes Chapter 713 sets filing and enforcement windows that vary by claim type and project.

Service Timing:

Record first, then serve required parties promptly per statutory procedure to preserve priority.

Enforcement Deadline:

Foreclosure actions must meet statute-of-limitations and procedural timing under state law; verify before initiating suit.

County Processing:

Recording office turnaround times differ by county and affect when perfected notice becomes public.

Correction Windows:

If clerical errors occur, submit corrected instruments promptly to avoid challenges to validity.

Key Milestones from Claim to Enforcement

A milestone timeline helps track the sequence from initial claim through recording, service, and potential foreclosure action.

01

Document Preparation

Gather contracts, invoices, and legal descriptions before drafting the claim.

02

Recording Event

Record in the appropriate county recorder's office to create public notice.

03

Service of Claim

Deliver certified copies to owner, lender, and other required parties.

04

Enforcement Filing

If unpaid, file suit to foreclose the lien under state procedure.

Real-World Examples of Claims and Workflow Improvements

Illustrative cases show how accurate preparation and digital workflows reduce delays and support enforcement when necessary.

Martin Properties Case

Tim Martin at Martin Properties moved lien preparation online to avoid missed notices and delays in closings.

  • The firm automated attachment uploads and recording checks.
  • As a result, they reduced rework, ensured consistent service to owners and lenders, and shortened dispute resolution timelines by minimizing clerical errors and misfiled claims.

BIS Case

Dan Rotelli's company selected secure digital workflows to manage multiple lien actions across projects.

  • Workflows centralized signatures and evidence.
  • Centralization preserved audit trails, simplified counsel review, and improved responsiveness to title inquiries while maintaining compliance with recording and service procedures.

Comparing eSignature Solutions for Filing and Managing Lien Documents

Vendor pricing and feature availability affect ongoing costs for digital workflows used to prepare, sign, and store Florida Claims of Lien.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes No
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Practical Tips for Accurate and Efficient Completion

Small, consistent steps reduce rejection risk and support enforceability.

Verify Legal Names
Confirm claimant and owner names against deed and corporate records to avoid misidentification.
Use Legal Descriptions
Prepare the property description from the deed or tax parcel to ensure the recorder accepts the document.
Attach Evidence
Include invoices, contracts, and delivery records to support claimed amounts and speed dispute resolution.
Track Service
Document certified mailing or service methods and retain receipts for enforcement and proof of notice.

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