Empathy List Archives

RJ

Reese J. Henderson, Jr.

Mon, Apr 22, 2019 7:22 PM

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

All, I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee. Thanks, Reese Reese J. Henderson, Jr. | Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator G R A Y | R O B I N S O N 50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202 T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459 E-mail<mailto:Reese.Henderson@gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf> Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

BP

Bruce Partington

Mon, Apr 22, 2019 7:39 PM

As I read the statute, 28.241(1)(a)2.a applies of actions “relating to real property or mortgage foreclosure” and then focuses on the value of the “claim.” I guess that could be read several ways: “relating to real property” and “mortgage foreclosure”; or “relating to real property…foreclosure” but probably in either even a construction lien foreclosure would fit into that box since it both “relates” to real property, and is a “foreclosure.”

Bruce Partington | Shareholder
bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/

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[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]https://www.facebook.com/ClarkPartington/ [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] https://www.linkedin.com/company/2250553/admin/ [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] https://twitter.com/ClarkPartington [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] https://www.instagram.com/clarkpartington/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 2:22 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

As I read the statute, 28.241(1)(a)2.a applies of actions “relating to real property or mortgage foreclosure” and then focuses on the value of the “claim.” I guess that could be read several ways: “relating to real property” and “mortgage foreclosure”; or “relating to real property…foreclosure” but probably in either even a construction lien foreclosure would fit into that box since it both “relates” to real property, and is a “foreclosure.” Bruce Partington | Shareholder bpartington@clarkpartington.com | (850) 432-1399<callto:(850)%20432-1399> CLARK PARTINGTON Office: (850) 434-9200 | Fax: (850) 432-7340 125 East Intendencia Street, 4th Floor Pensacola, Florida 32502 clarkpartington.com<http://clarkpartington.com/> [cid:SignatureLogo_57e3dfc0-9904-44ee-93b6-c3b57df5d8d8.jpg] [cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]<https://www.facebook.com/ClarkPartington/> [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] <https://www.linkedin.com/company/2250553/admin/> [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] <https://twitter.com/ClarkPartington> [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] <https://www.instagram.com/clarkpartington/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Reese J. Henderson, Jr. Sent: Monday, April 22, 2019 2:22 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? All, I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee. Thanks, Reese Reese J. Henderson, Jr. | Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator G R A Y | R O B I N S O N 50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202 T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459 E-mail<mailto:Reese.Henderson@gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf> Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

RE

Robert E. Doan

Mon, Apr 22, 2019 7:54 PM

I’m having fuzzy memories about someone trying to get a glitch-bill passed years ago and it got shot down because the clerks were so cash-strapped due to lack of funding that they want the fees wherever they can get them even thought the statute may not have been intended to apply to construction liens.

[cid:image001.jpg@01D17E04.1A2200A0]

Robert E. Doan
Board Certified Construction Attorney
Supreme Court Certified Circuit Civil Mediator
231 N. Woodland Blvd.
DeLand, FL 32720
(P) 386-736-7700 | (F) 386-785-1549

Offices In Daytona Beach and DeLand

Websitehttp://www.cobbcole.com/ | Biohttp://www.cobbcole.com/The-Cobb-Cole-Team/Robert-E-Doan.shtml | vCardhttp://www.cobbcole.com/content/includes/vCards/Robert-E-Doan.vcf

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Bruce Partington
Sent: Monday, April 22, 2019 3:40 PM
To: Reese J. Henderson, Jr. Reese.Henderson@gray-robinson.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

As I read the statute, 28.241(1)(a)2.a applies of actions “relating to real property or mortgage foreclosure” and then focuses on the value of the “claim.” I guess that could be read several ways: “relating to real property” and “mortgage foreclosure”; or “relating to real property…foreclosure” but probably in either even a construction lien foreclosure would fit into that box since it both “relates” to real property, and is a “foreclosure.”

Bruce Partington | Shareholder
bpartington@clarkpartington.com mailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/

[cid:image007.jpg@01D4F923.A2EF9990]

[cid:image003.png@01D4F923.A2CAAC70]https://www.facebook.com/ClarkPartington/ [cid:image004.png@01D4F923.A2CAAC70] https://www.linkedin.com/company/2250553/admin/ [cid:image005.png@01D4F923.A2CAAC70] https://twitter.com/ClarkPartington [cid:image006.png@01D4F923.A2CAAC70] https://www.instagram.com/clarkpartington/

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 2:22 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

Notice: The information contained in this email transmission is intended by the sender for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling Cobb Cole at 386-255-8171, so that we can update our address records accordingly.

I’m having fuzzy memories about someone trying to get a glitch-bill passed years ago and it got shot down because the clerks were so cash-strapped due to lack of funding that they want the fees wherever they can get them even thought the statute may not have been intended to apply to construction liens. [cid:image001.jpg@01D17E04.1A2200A0] Robert E. Doan Board Certified Construction Attorney Supreme Court Certified Circuit Civil Mediator 231 N. Woodland Blvd. DeLand, FL 32720 (P) 386-736-7700 | (F) 386-785-1549 Offices In Daytona Beach and DeLand Website<http://www.cobbcole.com/> | Bio<http://www.cobbcole.com/The-Cobb-Cole-Team/Robert-E-Doan.shtml> | vCard<http://www.cobbcole.com/content/includes/vCards/Robert-E-Doan.vcf> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Bruce Partington Sent: Monday, April 22, 2019 3:40 PM To: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com>; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? As I read the statute, 28.241(1)(a)2.a applies of actions “relating to real property or mortgage foreclosure” and then focuses on the value of the “claim.” I guess that could be read several ways: “relating to real property” and “mortgage foreclosure”; or “relating to real property…foreclosure” but probably in either even a construction lien foreclosure would fit into that box since it both “relates” to real property, and is a “foreclosure.” Bruce Partington | Shareholder bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399> CLARK PARTINGTON Office: (850) 434-9200 | Fax: (850) 432-7340 125 East Intendencia Street, 4th Floor Pensacola, Florida 32502 clarkpartington.com<http://clarkpartington.com/> [cid:image007.jpg@01D4F923.A2EF9990] [cid:image003.png@01D4F923.A2CAAC70]<https://www.facebook.com/ClarkPartington/> [cid:image004.png@01D4F923.A2CAAC70] <https://www.linkedin.com/company/2250553/admin/> [cid:image005.png@01D4F923.A2CAAC70] <https://twitter.com/ClarkPartington> [cid:image006.png@01D4F923.A2CAAC70] <https://www.instagram.com/clarkpartington/> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of Reese J. Henderson, Jr. Sent: Monday, April 22, 2019 2:22 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? All, I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee. Thanks, Reese Reese J. Henderson, Jr. | Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator G R A Y | R O B I N S O N 50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202 T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459 E-mail<mailto:Reese.Henderson@gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf> Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose. Notice: The information contained in this email transmission is intended by the sender for the use of the named individual or entity to which it is directed and may contain information that is privileged or otherwise confidential. It is not intended for transmission to, or receipt by, anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It should not be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, please delete it from your system without copying or forwarding it, and notify the sender of the error by reply email or by calling Cobb Cole at 386-255-8171, so that we can update our address records accordingly.

BW

Brad Weiss

Tue, Apr 23, 2019 1:03 PM

I was forced pay over $1900 for a lien enforcement action in Lee County. We tried to submit it under “contract and indebtedness” but it was rejected. The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong.

Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL
Florida Bar Board Certified Construction Lawyer
5561 University Drive, Suite 102
Coral Springs FL 33067
Phone 954.323.1023| Direct 954.947.1742
brad@bmwlawyers.net http://@bmwlawyers.net | www.bmwlawyers.net http://www.bmwlawyers.net/

[Description: Description: ConstructionLaw] [cid:image007.png@01D40712.39F68510] [member_logo_6]

The information contained in this electronic e-mail message is privileged and confidential. It is intended for the use by the named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the communication is strictly prohibited. If you receive this e-mail in error, please immediately notify us by telephone at 954-323-1023. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 3:22 PM
To: clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

I was forced pay over $1900 for a lien enforcement action in Lee County. We tried to submit it under “contract and indebtedness” but it was rejected. The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong. Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL Florida Bar Board Certified Construction Lawyer 5561 University Drive, Suite 102 Coral Springs FL 33067 Phone 954.323.1023| Direct 954.947.1742 brad@bmwlawyers.net<http://@bmwlawyers.net> | www.bmwlawyers.net<http://www.bmwlawyers.net/> [Description: Description: ConstructionLaw] [cid:image007.png@01D40712.39F68510] [member_logo_6] The information contained in this electronic e-mail message is privileged and confidential. It is intended for the use by the named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the communication is strictly prohibited. If you receive this e-mail in error, please immediately notify us by telephone at 954-323-1023. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Reese J. Henderson, Jr. Sent: Monday, April 22, 2019 3:22 PM To: clc-discussion@lists.flabarrpptl.org Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? All, I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee. Thanks, Reese Reese J. Henderson, Jr. | Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator G R A Y | R O B I N S O N 50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202 T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459 E-mail<mailto:Reese.Henderson@gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf> Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

BP

Bruce Partington

Tue, Apr 23, 2019 1:21 PM

Perhaps this would be a good legislative effort to undertake for the 2020 session. It could be as simple as prescribing that 713 lien foreclosures (and bond claims and 255.05 bond claims) come under paragraph 28.241(1)(a)1 and not under (1)(a)2.

Bruce Partington | Shareholder
bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/

[cid:SignatureLogo_57e3dfc0-9904-44ee-93b6-c3b57df5d8d8.jpg]

[cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]https://www.facebook.com/ClarkPartington/ [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] https://www.linkedin.com/company/2250553/admin/ [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] https://twitter.com/ClarkPartington [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] https://www.instagram.com/clarkpartington/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Brad Weiss
Sent: Tuesday, April 23, 2019 8:03 AM
To: Reese J. Henderson, Jr. Reese.Henderson@gray-robinson.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

I was forced pay over $1900 for a lien enforcement action in Lee County. We tried to submit it under “contract and indebtedness” but it was rejected. The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong.

Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL
Florida Bar Board Certified Construction Lawyer
5561 University Drive, Suite 102
Coral Springs FL 33067
Phone 954.323.1023| Direct 954.947.1742
brad@bmwlawyers.net http://@bmwlawyers.net | www.bmwlawyers.net http://www.bmwlawyers.net/

[Description: Description: ConstructionLaw] [cid:image007.png@01D40712.39F68510] [member_logo_6]

The information contained in this electronic e-mail message is privileged and confidential. It is intended for the use by the named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the communication is strictly prohibited. If you receive this e-mail in error, please immediately notify us by telephone at 954-323-1023. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 3:22 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

Perhaps this would be a good legislative effort to undertake for the 2020 session. It could be as simple as prescribing that 713 lien foreclosures (and bond claims and 255.05 bond claims) come under paragraph 28.241(1)(a)1 and not under (1)(a)2. Bruce Partington | Shareholder bpartington@clarkpartington.com | (850) 432-1399<callto:(850)%20432-1399> CLARK PARTINGTON Office: (850) 434-9200 | Fax: (850) 432-7340 125 East Intendencia Street, 4th Floor Pensacola, Florida 32502 clarkpartington.com<http://clarkpartington.com/> [cid:SignatureLogo_57e3dfc0-9904-44ee-93b6-c3b57df5d8d8.jpg] [cid:Facebook_55598884-7995-4d93-92d3-5101d580d70c.png]<https://www.facebook.com/ClarkPartington/> [cid:LinkedIn_57c89113-2875-479d-9fdd-fd3a2a809f98.png] <https://www.linkedin.com/company/2250553/admin/> [cid:Twitter_216c94ca-a91c-458c-ad76-295500e4747c.png] <https://twitter.com/ClarkPartington> [cid:Instagram_c437b822-13ce-4d58-87bc-212014b134fa.png] <https://www.instagram.com/clarkpartington/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Brad Weiss Sent: Tuesday, April 23, 2019 8:03 AM To: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com>; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? I was forced pay over $1900 for a lien enforcement action in Lee County. We tried to submit it under “contract and indebtedness” but it was rejected. The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong. Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL Florida Bar Board Certified Construction Lawyer 5561 University Drive, Suite 102 Coral Springs FL 33067 Phone 954.323.1023| Direct 954.947.1742 brad@bmwlawyers.net<http://@bmwlawyers.net> | www.bmwlawyers.net<http://www.bmwlawyers.net/> [Description: Description: ConstructionLaw] [cid:image007.png@01D40712.39F68510] [member_logo_6] The information contained in this electronic e-mail message is privileged and confidential. It is intended for the use by the named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the communication is strictly prohibited. If you receive this e-mail in error, please immediately notify us by telephone at 954-323-1023. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of Reese J. Henderson, Jr. Sent: Monday, April 22, 2019 3:22 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? All, I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee. Thanks, Reese Reese J. Henderson, Jr. | Shareholder Florida Bar Board Certified in Construction Law Florida Supreme Court Certified Circuit Civil Mediator G R A Y | R O B I N S O N 50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202 T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459 E-mail<mailto:Reese.Henderson@gray-robinson.com> | Website<http://www.gray-robinson.com> | Bio<http://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr> | vCard<http://www.gray-robinson.com/docs/Reese%20Henderson.vcf> Facebook<https://www.facebook.com/GrayRobinsonLaw> | LinkedIn<https://www.linkedin.com/company/grayrobinson-p-a-> | Twitter<https://twitter.com/grayrobinsonlaw> This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

BS

Brian Solomon

Tue, Apr 23, 2019 2:26 PM

In Osceola County I have been successful in avoiding the fee based on the argument that the law was passed when the courts were inundated with mortgage foreclosure actions which are completely different from lien foreclosures. As you have said, there doesn’t appear to be any consistency.

Brian D. Solomon, Esquire
321.726.8338 telephone
bsolomon@volklawoffices.com

[cid:image001.jpg@01D11BB2.EEFB99D0]http://volklawoffices.com/

From: clc-discussion-bounces@lists.flabarrpptl.org clc-discussion-bounces@lists.flabarrpptl.org On Behalf Of Bruce Partington
Sent: Tuesday, April 23, 2019 9:21 AM
To: Brad Weiss brad@bmwlawyers.net; Reese J. Henderson, Jr. Reese.Henderson@gray-robinson.com; clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

Perhaps this would be a good legislative effort to undertake for the 2020 session. It could be as simple as prescribing that 713 lien foreclosures (and bond claims and 255.05 bond claims) come under paragraph 28.241(1)(a)1 and not under (1)(a)2.

Bruce Partington | Shareholder
bpartington@clarkpartington.com mailto:bpartington@clarkpartington.com | (850) 432-1399callto:(850)%20432-1399

CLARK PARTINGTON
Office: (850) 434-9200 | Fax: (850) 432-7340
125 East Intendencia Street, 4th Floor
Pensacola, Florida 32502
clarkpartington.comhttp://clarkpartington.com/

[cid:image001.jpg@01D4F9BF.07912710]

[cid:image006.png@01D4F9BF.078651A0]https://www.facebook.com/ClarkPartington/ [cid:image007.png@01D4F9BF.078651A0] https://www.linkedin.com/company/2250553/admin/ [cid:image008.png@01D4F9BF.078651A0] https://twitter.com/ClarkPartington [cid:image009.png@01D4F9BF.078651A0] https://www.instagram.com/clarkpartington/

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Brad Weiss
Sent: Tuesday, April 23, 2019 8:03 AM
To: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com mailto:Reese.Henderson@gray-robinson.com>; clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

I was forced pay over $1900 for a lien enforcement action in Lee County. We tried to submit it under “contract and indebtedness” but it was rejected. The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong.

Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL
Florida Bar Board Certified Construction Lawyer
5561 University Drive, Suite 102
Coral Springs FL 33067
Phone 954.323.1023| Direct 954.947.1742
brad@bmwlawyers.net http://@bmwlawyers.net | www.bmwlawyers.net http://www.bmwlawyers.net/

[Description: Description: ConstructionLaw] [cid:image007.png@01D40712.39F68510] [member_logo_6]

The information contained in this electronic e-mail message is privileged and confidential. It is intended for the use by the named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the communication is strictly prohibited. If you receive this e-mail in error, please immediately notify us by telephone at 954-323-1023. Thank you.

From: clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org mailto:clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Reese J. Henderson, Jr.
Sent: Monday, April 22, 2019 3:22 PM
To: clc-discussion@lists.flabarrpptl.org mailto:clc-discussion@lists.flabarrpptl.org
Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees?

All,

I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee.

Thanks,
Reese

Reese J. Henderson, Jr. | Shareholder
Florida Bar Board Certified in Construction Law
Florida Supreme Court Certified Circuit Civil Mediator
G R A Y | R O B I N S O N

50 North Laura Street, Suite 1100 | Jacksonville, Florida 32202
T: 904-598-9929 | F: 904-598-9109 | D: 904-632-8459
E-mailmailto:Reese.Henderson@gray-robinson.com | Websitehttp://www.gray-robinson.com | Biohttp://www.gray-robinson.com/attorneys/detail/1022/ReeseJ-HendersonJr | vCardhttp://www.gray-robinson.com/docs/Reese%20Henderson.vcf

Facebookhttps://www.facebook.com/GrayRobinsonLaw | LinkedInhttps://www.linkedin.com/company/grayrobinson-p-a- | Twitterhttps://twitter.com/grayrobinsonlaw

This e-mail is intended only for the individual(s) or entity(s) named within the message. This e-mail might contain legally privileged and confidential information. If you properly received this e-mail as a client or retained expert, please hold it in confidence to protect the attorney-client or work product privileges. Should the intended recipient forward or disclose this message to another person or party, that action could constitute a waiver of the attorney-client privilege. If the reader of this message is not the intended recipient, or the agent responsible to deliver it to the intended recipient, you are hereby notified that any review, dissemination, distribution or copying of this communication is prohibited by the sender and to do so might constitute a violation of the Electronic Communications Privacy Act, 18 U.S.C. section 2510-2521. If this communication was received in error we apologize for the intrusion. Please notify us by reply e-mail and delete the original message without reading same. Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender.

Please be advised that this law firm may be acting as a debt collector and is attempting to collect a debt and any information provided will be used for that purpose.

In Osceola County I have been successful in avoiding the fee based on the argument that the law was passed when the courts were inundated with mortgage foreclosure actions which are completely different from lien foreclosures. As you have said, there doesn’t appear to be any consistency. Brian D. Solomon, Esquire 321.726.8338 telephone bsolomon@volklawoffices.com [cid:image001.jpg@01D11BB2.EEFB99D0]<http://volklawoffices.com/> From: clc-discussion-bounces@lists.flabarrpptl.org <clc-discussion-bounces@lists.flabarrpptl.org> On Behalf Of Bruce Partington Sent: Tuesday, April 23, 2019 9:21 AM To: Brad Weiss <brad@bmwlawyers.net>; Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com>; clc-discussion@lists.flabarrpptl.org Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? Perhaps this would be a good legislative effort to undertake for the 2020 session. It could be as simple as prescribing that 713 lien foreclosures (and bond claims and 255.05 bond claims) come under paragraph 28.241(1)(a)1 and not under (1)(a)2. Bruce Partington | Shareholder bpartington@clarkpartington.com<mailto:bpartington@clarkpartington.com> | (850) 432-1399<callto:(850)%20432-1399> CLARK PARTINGTON Office: (850) 434-9200 | Fax: (850) 432-7340 125 East Intendencia Street, 4th Floor Pensacola, Florida 32502 clarkpartington.com<http://clarkpartington.com/> [cid:image001.jpg@01D4F9BF.07912710] [cid:image006.png@01D4F9BF.078651A0]<https://www.facebook.com/ClarkPartington/> [cid:image007.png@01D4F9BF.078651A0] <https://www.linkedin.com/company/2250553/admin/> [cid:image008.png@01D4F9BF.078651A0] <https://twitter.com/ClarkPartington> [cid:image009.png@01D4F9BF.078651A0] <https://www.instagram.com/clarkpartington/> From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of Brad Weiss Sent: Tuesday, April 23, 2019 8:03 AM To: Reese J. Henderson, Jr. <Reese.Henderson@gray-robinson.com<mailto:Reese.Henderson@gray-robinson.com>>; clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: Re: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? I was forced pay over $1900 for a lien enforcement action in Lee County. We tried to submit it under “contract and indebtedness” but it was rejected. The clerks are completely inconsistent, although the one in Lee was adamant that the counties not figuring the filing fees on the sliding scale are wrong. Brad R. Weiss, Esq.|BENSON, MUCCI & WEISS PL Florida Bar Board Certified Construction Lawyer 5561 University Drive, Suite 102 Coral Springs FL 33067 Phone 954.323.1023| Direct 954.947.1742 brad@bmwlawyers.net<http://@bmwlawyers.net> | www.bmwlawyers.net<http://www.bmwlawyers.net/> [Description: Description: ConstructionLaw] [cid:image007.png@01D40712.39F68510] [member_logo_6] The information contained in this electronic e-mail message is privileged and confidential. It is intended for the use by the named recipient. If the reader of this message is not the intended recipient, you are hereby notified that any dissemination, distribution, or copying of the communication is strictly prohibited. If you receive this e-mail in error, please immediately notify us by telephone at 954-323-1023. Thank you. From: clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org> <clc-discussion-bounces@lists.flabarrpptl.org<mailto:clc-discussion-bounces@lists.flabarrpptl.org>> On Behalf Of Reese J. Henderson, Jr. Sent: Monday, April 22, 2019 3:22 PM To: clc-discussion@lists.flabarrpptl.org<mailto:clc-discussion@lists.flabarrpptl.org> Subject: [CLC-Discussion] Construction Lien Foreclosure Action subject to Mortgage Foreclosure Filing Fees? All, I have filed (and had filed against my clients) multiple construction lien foreclosure actions lately and there seems to be no consistency among the Clerk’s offices in the application of Fla. Stat. 28.241(1)(a).2.a., which provides for graduated filing fees for mortgage foreclosure cases based on the value of the claim. Subsection 2.b. talks specifically of the value being based on “the principal due on the note secured by the mortgage, plus interest owed on the note” etc. Is anyone aware of an legal authority interpreting this statute and whether it applies to construction lien foreclosures? The difference is not trivial – any claim for greater than $50,000 is subject to a filing fee of over $900 vs. the standard $400 filing fee. Thanks, Reese Reese J. 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