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Claim of LienConstruction LienCraig AltmanFLORIDA

The FLORIDA Bar threatens TRADITION NOTICE SERVICES with a lawsuit for recording Claim of Liens in FLORIDA

By October 24, 2013No Comments

Recently TRADITION NOTICE SERVICES received a cease and desist letter from the FLORIDA BAR. In the letter, the FLORIDA BAR claims that due to a “Formal Advisory Opinion” they wrote back in 1996 (The Florida Bar reg: Advisory Opinion – Activities of Community Association Managers, 681 So. 2d 1119) a document preparer asking someone (subcontractor or general contractor) what they did for a project, when they completed the project, and how much they are owed and then sending a Claim Of Lien as an agent on their behalf to a county for recording is “practicing law.” Keep in mind – this is not state law in FLORIDA. It is simply the “opinion” of the FLORIDA Bar. The attorney representing the General Contractor who had no interest in paying a legitimate invoice from a Subcontractor on a project in Orlando initiated the fight in a partnership with the FLORIDA Bar.

Attorney’s challenging individuals or document preparation firms who themselves are not fellow attorneys is nothing new. In some cases, the challenge is warranted as people get bad advice or service from a company TRADITION NOTICE SERVICES might compete against. The problem with the FLORIDA Bar’s argument is that while an individual can prepare and record a lien on their own, a document preparation service cannot prepare and record a lien on behalf of an individual. TRADITION NOTICE SERVICES is not in the business of filing suit to foreclose against properties in FLORIDA, clearly the responsibility of an FLORIDA licensed attorney, which is a right afforded contractors and suppliers according to FLORIDA’s statutes after a lien is recorded. Furthermore, companies like TRADITION NOTICE SERVICES know more about basic lien law than most attorneys who might practice divorce, patent, personal injury, or business law.

For now, TRADITION NOTICE SERVICES will halt filing Claim of Liens in FLORIDA until we can sign a partnership agreement with a FLORIDA based attorney to record liens with there. Additionally, TRADITION NOTICE SERVICES will seek out other lien services to pursue a possible class action challenge to the FLORIDA bar “opinion.”