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Lienor's Request for Sworn Statement from Owner

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LIENOR'S REQUEST FOR SWORN STATEMENT FROM OWNER- INDIVIDUAL

WARNING: YOUR FAILURE TO FURNISH THE REQUESTED STATEMENT WITHIN 30 DAYS OR THE FURNISHING OF A FALSE STATEMENT WILL RESULT IN THE LOSS OF YOUR RIGHT TO RECOVER ATTORNEY FEES IN ANY ACTION TO ENFORCE THE CLAIM OF LIEN OF THE PERSON REQUESTING THIS STATEMENT.

TO:

Pursuant to Section 713.16(5), Florida Statutes, the undersigned hereby demands a written statement under oath from the owner showing the following concerning the improvement of real property identified as:

1. The contract amounts of all direct contracts.

2. The amount heretofore paid by or on behalf of the owner for all labor, services and materials furnished pursuant to the direct contracts.

3. The dates and amount paid or to be paid by or on behalf of the owner for all improvements described in any direct contracts.

4. The costs that you reasonably estimate will be required to complete the improvements according to the terms and specifications of any direct contract(s) under which construction has ceased.

5. If known, the actual cost of completion.

(signature of lienor) Type or Print Name
(address of lienor) (date of request)
Enter text

What the Lienor's Request for Sworn Statement from Owner Is

A Lienor's Request for Sworn Statement from Owner is a written affidavit or declaration that asks a property owner to provide a sworn account addressing work performed, amounts owed, and ownership or contract facts relevant to a potential mechanic's or construction lien. Typically used by contractors, subcontractors, suppliers, or title professionals, the form documents factual claims under penalty of perjury, helps establish the lienor's basis for a claim, and creates a contemporaneous record for filing, negotiation, or litigation.

Why this sworn statement matters for lien enforcement

The sworn statement clarifies who performed work, when work was done, and the amount claimed while creating an evidentiary record useful for lien filing, bonding, or dispute resolution. It reduces ambiguity, supports title searches, and can accelerate payment discussions.

Why this sworn statement matters for lien enforcement

Who typically prepares or responds to this sworn statement

The form is used by parties involved in construction supply, contracting, property title, and claims administration when documentation of debt or work is needed.

  • Contractors and subcontractors seeking written confirmation of amounts due and owner acknowledgement of work performed.
  • Suppliers or material vendors requesting owner verification to support a mechanics lien or payment claim.
  • Title companies, lenders, and escrow officers needing sworn facts for closing or lien clearance.

Use the statement to create a clear, auditable record; have it signed, dated, and notarized or remotely notarized where state rules permit.

Typical signer profiles and their roles

Contractor Lienor

A contractor or subcontractor preparing the request to document unpaid work. This profile gathers invoices, change orders, and delivery records, and asks the owner to confirm performance dates and amounts under penalty of perjury.

Property Owner

An owner or authorized representative who completes the sworn statement to acknowledge facts or contest claims. The owner's attestation may affect lien recordation, escrow holds, or insurance claim adjustments.

Security and legal foundations to keep in mind

Encryption in transit: TLS 1.2/1.3 protects documents during transfer
Data at rest: AES-256 secures stored files
Audit trail: Timestamped logs and signer metadata
Regulatory compliance: ESIGN and UETA legal framework
Healthcare BAA: HIPAA covered only with BAA
Access controls: Role-based permissions and SSO

Primary penalties and legal risks to avoid

Perjury exposure: Criminal or civil perjury risk
Invalid lien: Improper facts can void lien
Damages claim: Potential civil liability for false statements
Recording delays: Late submissions may forfeit priority
Revocation risk: Owner recission may complicate claims
Contract disputes: Inaccurate statements invite litigation

Common preparation mistakes to avoid

  • Using inconsistent names or business entities across invoices and the sworn statement, which creates identity mismatches and weakens enforceability.
  • Failing to attach supporting invoices, change orders, or delivery receipts, making it difficult to prove the claimed amount or scope of work.
  • Skipping notarization or using an incorrect notarial format for the jurisdiction, which can invalidate the sworn statement for recording or court use.
  • Submitting the statement after statutory lien filing deadlines have passed, removing the document's practical utility for securing a lien.

Step-by-step: completing the Lienor's Request for Sworn Statement from Owner

Follow a consistent sequence to ensure accuracy, legal sufficiency, and easier acceptance by title companies or courts.

  • 01
    Gather records: Collect invoices, contracts, change orders, and delivery proofs.
  • 02
    Complete owner info: Enter owner's legal name, address, and contact details exactly.
  • 03
    Detail the claim: List dates, work descriptions, and precise amounts claimed.
  • 04
    Sign and notarize: Have the owner or rep sign in front of a notary or use RON if permitted.

Where the sworn statement goes and how it moves

Routing depends on purpose — recordation at the county, escrow delivery, or internal claims handling each follow different paths.

  • County recorder: Record when preparing a mechanics lien or to preserve priority.
  • Title/escrow: Send to title or escrow for closing or lien clearance.
  • Claims team: Provide to carrier or surety for payment or bonding issues.
  • Legal counsel: Share an executed copy when litigation or settlement is anticipated.

Core sections to include in a professional sworn statement

A well-drafted document includes clear identification, an accurate factual narrative, itemized amounts, and proper signature and notarial language to meet statutory needs.

Document header

Title the form clearly as a Lienor's Request for Sworn Statement from Owner and include date and jurisdiction at the top.

Owner identification

List the owner's full legal name, mailing address, property address, and any aliases to avoid ambiguity during title searches.

Property description

Provide an exact legal description or parcel number; street addresses alone may be insufficient for recorder processing.

Claim details

Itemize labor, materials, change orders, and contract references with dates and dollar amounts to substantiate the claimed balance.

Sworn attestation

Include a clear perjury clause and the declarant's statement of truth under oath or affirmation as required by state law.

Signature and notary

Provide signature blocks for the declarant and notarial language; include remote notarization options when allowed by the state.

Practical tips for accuracy and enforceability

Adopt consistent procedures so each sworn statement has complete evidence, correct notarization, and clear routing to interested parties.

Use legal entity names consistently
Enter names exactly as on formation documents or government IDs. Mismatched names can result in rejections by recorders or complications in court.
Attach supporting documents
Include invoices, delivery receipts, time sheets, and change orders referenced in the sworn statement to reduce disputes and speed verification.
Confirm notarial form
Use state-specific notarial wording, retain the notary journal entry, and record any remote online notarization session per local rules.
Keep an audit trail
Store copies with signer metadata, timestamps, and version history to preserve evidence for negotiation or litigation.

Common timing considerations and typical deadlines

Timelines vary by state and the underlying contract; confirm deadlines early to preserve lien rights or negotiate remediations promptly.

Response window:

Owners should respond as requested within 30 days when the statement seeks confirmation of amounts.

Recording timeframe:

Mechanic's lien filing deadlines commonly range from 30 to 180 days after completion depending on state law.

Notary retention:

Notaries retain journals per state rules, often 5–10 years for remote sessions.

Statute of limitations:

Contract and claim SOLs vary; preserve evidence early to avoid expiry.

Document retention:

Keep executed sworn statements per retention guidance for audit or litigation.

eSignature vendor comparison for executing and storing sworn statements

Platforms differ by price model, envelope limits, and compliance features; signNow appears first for easy baseline comparison.

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Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day free trial, no credit card required Varies by vendor Varies by vendor Varies by vendor Varies by vendor
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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

Frequently asked questions about the sworn statement

Answers address common execution, notarization, eSignature, and retention concerns to help you avoid procedural pitfalls.


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