NOTICE OF CONTEST OF LIEN
TO: (Name and address of association)
You are notified that the undersigned contests the claim of lien filed by you on, (year) , and recorded in Official Records Book at page, of the public records of County, Florida, and that the time within which you may file suit to enforce your lien is limited to 90 days following the date of service of this notice. Executed this day of, (year) .
Signed: (Owner or Attorney)
After the notice of a contest of lien has been recorded, the clerk of the circuit court shall mail a copy of the recorded notice to the association by certified mail, return receipt requested, at the address shown in the claim of lien or the most recent amendment to it and shall certify to the service on the face of the notice. Service is complete upon mailing. After service, the association has 90 days in which to file an action to enforce the lien and, if the action is not filed within the 90-day period, the lien is void. However, the 90-day period shall be extended for any length of time that the association is prevented from filing its action because of an automatic stay resulting from the filing of a bankruptcy petition by the parcel owner or by any other person claiming an interest in the parcel.
RELEASE OF LIEN
The undersigned lienor, in consideration of the final payment in the amount of $, hereby waives and releases its lien and right to claim a lien for unpaid assessments through, (year) , recorded in the Official Records Book at Page, of the public records of County, Florida, for the following described real property:
(PARCEL NO. OR LOT AND BLOCK) OF (subdivision name) SUBDIVISION AS SHOWN IN THE PLAT THEREOF, RECORDED AT PLAT BOOK, PAGE, OF THE OFFICIAL RECORDS OF COUNTY, FLORIDA.
(or insert appropriate metes and bounds description here)
(Signature of Authorized Agent) (Signature of Witness)
(Print Name) (Print Name)
(Signature of Witness)
(Print Name)
Sworn to (or affirmed) and subscribed before me this day of, (year) , by (name of person making statement) .
(Signature of Notary Public)
(Print, type, or stamp commissioned name of Notary Public)
Personally Known OR Produced as identification.
The limitations on first mortgagee liability provided by this paragraph apply only if the first mortgagee filed suit against the parcel owner and initially joined the association as a defendant in the mortgagee foreclosure action. Joinder of the association is not required if, on the date the complaint is filed, the association was dissolved or did not maintain an office or agent for service of process at a location that was known to or reasonably discoverable by the mortgagee.
NOTICE OF LATE ASSESSMENT
RE: Parcel ...... of ...(name of association)...
The following amounts are currently due on your account to ...(name of association)..., and must be paid within 30 days after the date of this letter. This letter shall serve as the association's notice to proceed with further collection action against your property no sooner than 30 days after the date of this letter, unless you pay in full the amounts set forth below:
Maintenance due ...(dates)... | $....... |
Late fee, if applicable | $....... |
Interest through ...(dates)... | $....... |
TOTAL OUTSTANDING | $....... |
Interest accrues at the rate of ...... percent per annum.
NOTICE OF INTENT TO RECORD A CLAIM OF LIEN
RE: Parcel or (lot/block) (lot/parcel number) of (name of association)
The following amounts are currently due on your account to (name of association) , and must be paid within 45 days after your receipt of this letter. This letter shall serve as the association's notice of intent to record a Claim of Lien against your property no sooner than 45 days after your receipt of this letter, unless you pay in full the amounts set forth below:
Maintenance due (dates) $.
Late fee, if applicable $.
Interest through (dates) * $.
Certified mail charges $.
Other costs $.
TOTAL OUTSTANDING $.
*Interest accrues at the rate of percent per annum.
DELINQUENT ASSESSMENT
This letter is to inform you a Claim of Lien has been filed against your property because you have not paid the (type of assessment) assessment to (name of association) . The association intends to foreclose the lien and collect the unpaid amount within 45 days of this letter being provided to you.
You owe the interest accruing from (month/year) to the present. As of the date of this letter, the total amount due with interest is $ . All costs of any action and interest from this day forward will also be charged to your account.
Any questions concerning this matter should be directed to (insert name, addresses, and telephone numbers of association representative) .
QUALIFYING OFFER AUTOMATIC STAY INVOKED PURSUANT TO F.S. 720.3085
I/We, [Name(s) of Parcel Owner(s)], admit the following:
Signed: (Signatures of all parcel owners and spouses, if any)
Sworn to and subscribed this (date) day of (month) , (year) , before the undersigned authority.
Notary Public: (Signature of notary public)
If the parcel owner makes a qualifying offer under this subsection, the association may not add the cost of any legal fees incurred by the association within the period of the stay other than costs acquired in defense of a mortgage foreclosure action concerning the parcel, a bankruptcy proceeding in which the parcel owner is a debtor, or in response to filings by a party other than the association in the lien foreclosure action of the association.
Pursuant to section 720.3085(8), Florida Statutes, we demand that you make your rent payments directly to the homeowners' association and continue doing so until the association notifies you otherwise.
Payment due the homeowners' association may be in the same form as you paid your landlord and must be sent by United States mail or hand delivery to (full address) , payable to (name) .
Your obligation to pay your rent to the association begins immediately, unless you have already paid rent to your landlord for the current period before receiving this notice. In that case, you must provide the association written proof of your payment within 14 days after receiving this notice and your obligation to pay rent to the association would then begin with the next rental period.
Pursuant to section 720.3085(8), Florida Statutes, your payment of rent to the association gives you complete immunity from any claim for the rent by your landlord.
Fla. Stat. § 720.3085