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Notice Of Commencement Lee County

State:
Florida
Control #:
FL-03212
Format:
Word; 
Rich Text
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Description

An individual owner may terminate the period of effectiveness of a notice of commencement by executing, swearing to, and recording a notice of termination.


Title: Understanding the Notice of Commencement Lee County: Types and Detailed Explanation Introduction: The Notice of Commencement in Lee County is a crucial legal document that initiates construction projects and protects various parties involved. In this detailed description, we will explore what a Notice of Commencement entails, its purpose, and the various types associated with it. Keywords: — Notice of Commencement Lee Count— - Construction projects — Legal documen— - Florida building codes — Contractor— - Property owners - Subcontractors — Lien right— - Construction lien law I. What is a Notice of Commencement? A Notice of Commencement is an official document filed with the Lee County Clerk's office when initiating a construction project. It serves as a public notice to all parties involved, providing crucial information about the project's commencement, legal aspects, and potential lien rights. II. Purpose of the Notice of Commencement: 1. Establishing Effective Date: The Notice of Commencement establishes the beginning date of the construction project, ensuring a clear timeline for legal procedures and record-keeping. 2. Identifying Parties: It specifies the property owner, contractor(s), and designates other crucial parties involved in the project. 3. Notification to Subcontractors: Subcontractors can identify the general contractor, ensuring they are aware of whom to contact regarding payment and other contractual matters. 4. Protection for Property Owners: The notice safeguards property owners from fraudulent liens by ensuring contractors and subcontractors properly fulfill their obligations. 5. Clarification of Lien Rights: It helps establish the date when subcontractors' lien rights begin, protecting their ability to file a mechanics' lien if necessary. III. Notable Types of Notice of Commencement: 1. Residential Notice of Commencement: This type applies to construction or improvement projects on residential properties, including single-family homes, duplexes, and condominium units. 2. Commercial Notice of Commencement: Required for non-residential construction projects such as commercial buildings, office spaces, hotels, and retail establishments. 3. Public Notice of Commencement: Applies to publicly funded projects, including government buildings, schools, infrastructure developments, and public facility constructions. IV. Key Information Included in a Notice of Commencement: 1. Property Details: Physical address, parcel number, and legal description of the property undergoing construction. 2. Owner's Information: Name, address, phone number, and email address of the property owner. 3. Contractor's Information: Name, address, phone number, and email address of the contractor responsible for the project. 4. Surety Information (if applicable): Details of the surety, including name, address, phone number, and email address. 5. Description of Work: A brief overview of the project scope, including construction plans, materials, and required permits. 6. Project Duration: Start and expected completion dates of the construction project. 7. Witnesses' Signature and Notarization: Required signatures of the property owner and contractor, along with notary acknowledgment. Conclusion: Understanding the Notice of Commencement in Lee County is crucial for all parties involved in construction projects. By serving as an official public notice and providing relevant project details, it ensures transparency, protects lien rights, and helps maintain compliance with Florida's construction lien law.

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FAQ

A lien is a claim or legal right against assets that are typically used as collateral to satisfy a debt. A creditor or a legal judgment could establish a lien. A lien serves to guarantee an underlying obligation, such as the repayment of a loan.

Examples of a purchase-money security interest lien include a first mortgage on a home, a car loan, and situations in which the seller finances the purchase of property, such as furniture, through a credit agreement. Non-purchase-money security interest liens.

What is a Lien? The term lien refers to a legal claim or legal right which is made against the assets that are held as collaterals for satisfying a debt. A lien can be established by a creditor or a legal judgement. The purpose of the lien is to guarantee an underlying obligation such as the repayment of the loan.

The mortgage, or deed of trust as it's called in some states, is the legal instrument that creates a lien on your property. This gives the lender the right to foreclose on your property should you not satisfy the terms of the loan agreement. It creates a security interest in the property on behalf of the lender.

A contractor's lien (often known as a mechanic's lien, or a construction lien) is a claim made by contractors or subcontractors who have performed work on a property, and have not yet been paid.

What is the deadline to file the lien? A claimant must record a lien within 120 days from the date the claimant last furnished services or materials. Once a lien is recorded, the claimant must send a copy of the lien to the property owner within 10 days.

The lien must be recorded within one hundred twenty days (120) days after the contractor last completed work or provided materials at the property. The lien needs to be recorded with the register of deeds in the county where the property is located.

The most common type of lien is a first mortgage, which gives the lending bank the first lien to the property. The property is used as security for the repayment of the loan down the road, and the lien remains on record until the loan is paid off.

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COMMENCEMENT. 1. The Notice of Commencement is a part of the Florida Lien Statute.This document is filed in county records and signifies the beginning of a project. Summary of Florida Notice of Commencement requirements and laws for Florida construction projects including free forms, FAQs, resources and more. The Notice of Commencement must be recorded with that county's office of the clerk where the real property is located. To the best of Owner's knowledge, all lienor's have been paid in full. Office of the Clerk of Lee County, Florida. A copy of that filed Notice of Commencement is attached hereto and incorporated herein. Always file a Notice of Commencement before beginning a home construction or remodeling project. NOTICE OF COMMENCEMENT- This must be recorded at the Lee County Clerk of the Court.

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Notice Of Commencement Lee County