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MB

Matthew Belcastro

Tue, Nov 8, 2011 9:01 PM

Hi folks,

I have the GC. One of our subs who was fired long ago, recorded a lien
on October 20, which reflected a date of last work of July 4 - - more
than 90 days. When he started threatening to file suit, we advised him
that the lien is invalid because it was not timely file. YESTERDAY
(November 7), he recorded a new claim of lien which reflects a new date
of last work of August 10, so on its face, it's timely. Is anyone aware
of authority that basically invalidates this new lien automatically
since it's pretty clearly not in good faith in light of the previously
recorded lien?

My client is just trying to keep the owner stable at this point. Any
help is appreciated. Thanks.

Matthew Belcastro
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1205
Direct Fax: 239.344.1524
Matthew.Belcastro@henlaw.com
http://www.henlaw.com

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Henderson, Franklin, Starnes & Holt, P.A.
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To reply to our e-mail administrator directly, please send an e-mail to mailto:administrator@henlaw.com

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Hi folks, I have the GC. One of our subs who was fired long ago, recorded a lien on October 20, which reflected a date of last work of July 4 - - more than 90 days. When he started threatening to file suit, we advised him that the lien is invalid because it was not timely file. YESTERDAY (November 7), he recorded a new claim of lien which reflects a new date of last work of August 10, so on its face, it's timely. Is anyone aware of authority that basically invalidates this new lien automatically since it's pretty clearly not in good faith in light of the previously recorded lien? My client is just trying to keep the owner stable at this point. Any help is appreciated. Thanks. Matthew Belcastro Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. 1715 Monroe Street P.O. Box 280 Fort Myers, FL 33902 Direct Dial: 239.344.1205 Direct Fax: 239.344.1524 Matthew.Belcastro@henlaw.com http://www.henlaw.com -------------------------------------------------------------------------- CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. To reply to our e-mail administrator directly, please send an e-mail to mailto:administrator@henlaw.com IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties. If you wish to engage this firm to provide formal written advice as to federal or state tax issues, please contact the sender.

LJ

Lane, Joseph

Tue, Nov 8, 2011 9:25 PM

Call our brother Jim McCrae who had a case exactly like this one and got
a SJ as I recall. I doubt there is "caselaw" per se driving this outcome
but he can explain how he set it up.

Joseph A. Lane, Esq.
Board Certified in Construction Law by The Florida Bar
Lowndes, Drosdick, Doster, Kantor & Reed, P.A.
450 South Orange Avenue
Suite 800
Orlando, FL 32801
Phone: 407-418-6343
Fax: 407-843-4444
email: joe.lane@lowndes-law.com
www.lowndes-law.com

From: constructionlaw-bounces@lists.flabarrpptl.org
[mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of
Matthew Belcastro
Sent: Tuesday, November 08, 2011 4:01 PM
To: Constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] FW: Quick Lien Question

Hi folks,

I have the GC. One of our subs who was fired long ago, recorded a lien
on October 20, which reflected a date of last work of July 4 - - more
than 90 days. When he started threatening to file suit, we advised him
that the lien is invalid because it was not timely file. YESTERDAY
(November 7), he recorded a new claim of lien which reflects a new date
of last work of August 10, so on its face, it's timely. Is anyone aware
of authority that basically invalidates this new lien automatically
since it's pretty clearly not in good faith in light of the previously
recorded lien?

My client is just trying to keep the owner stable at this point. Any
help is appreciated. Thanks.

Matthew Belcastro
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1205
Direct Fax: 239.344.1524
Matthew.Belcastro@henlaw.com
www.henlaw.com

CONFIDENTIALITY STATEMENT

Henderson, Franklin, Starnes & Holt, P.A.

The information contained in this transmission may contain privileged
and confidential information. It is intended only for the use of the
person(s) named above. If you are not the intended recipient, you are
hereby notified that any review, dissemination, distribution or
duplication of this communication is strictly prohibited. If you are
not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message.

To reply to our e-mail administrator directly, please send an e-mail to
administrator@henlaw.com mailto:administrator@henlaw.com

IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230,
this is to advise you unless we otherwise expressly state in writing,
e-mail communications, including all attachments, from this firm are
not intended or written to be used, and cannot be used, for the purpose
of avoiding tax-related penalties. If you wish to engage this firm to
provide formal written advice as to federal or state tax issues, please
contact the sender.

This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com

Call our brother Jim McCrae who had a case exactly like this one and got a SJ as I recall. I doubt there is "caselaw" per se driving this outcome but he can explain how he set it up. Joseph A. Lane, Esq. Board Certified in Construction Law by The Florida Bar Lowndes, Drosdick, Doster, Kantor & Reed, P.A. 450 South Orange Avenue Suite 800 Orlando, FL 32801 Phone: 407-418-6343 Fax: 407-843-4444 email: joe.lane@lowndes-law.com www.lowndes-law.com ________________________________ From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Matthew Belcastro Sent: Tuesday, November 08, 2011 4:01 PM To: Constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] FW: Quick Lien Question Hi folks, I have the GC. One of our subs who was fired long ago, recorded a lien on October 20, which reflected a date of last work of July 4 - - more than 90 days. When he started threatening to file suit, we advised him that the lien is invalid because it was not timely file. YESTERDAY (November 7), he recorded a new claim of lien which reflects a new date of last work of August 10, so on its face, it's timely. Is anyone aware of authority that basically invalidates this new lien automatically since it's pretty clearly not in good faith in light of the previously recorded lien? My client is just trying to keep the owner stable at this point. Any help is appreciated. Thanks. Matthew Belcastro Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. 1715 Monroe Street P.O. Box 280 Fort Myers, FL 33902 Direct Dial: 239.344.1205 Direct Fax: 239.344.1524 Matthew.Belcastro@henlaw.com www.henlaw.com ________________________________ CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. To reply to our e-mail administrator directly, please send an e-mail to administrator@henlaw.com <mailto:administrator@henlaw.com> IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties. If you wish to engage this firm to provide formal written advice as to federal or state tax issues, please contact the sender. This email message has been delivered safely and archived online by Mimecast. For more information please visit http://www.mimecast.com

RL

Raymond L. Robinson

Tue, Nov 8, 2011 10:06 PM

Send a request for sworn statement and do an order to show cause action under 713.21. This is probably the quickest way to resolve the issue.

Raymond L. Robinson, Esq.

Cell: (305) 632-4384

http://www.rrobinsonlaw.com/ http://www.rrobinsonlaw.com/

CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately.

Connect with Robinson & Associates, P.A.

   <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4>     <http://www.linkedin.com/pub/raymond-robinson/26/35b/a09>

From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Matthew Belcastro
Sent: Tuesday, November 08, 2011 4:01 PM
To: Constructionlaw@lists.flabarrpptl.org
Subject: [RPPTL-constructionlaw] FW: Quick Lien Question

Hi folks,

I have the GC. One of our subs who was fired long ago, recorded a lien on October 20, which reflected a date of last work of July 4 - - more than 90 days. When he started threatening to file suit, we advised him that the lien is invalid because it was not timely file. YESTERDAY (November 7), he recorded a new claim of lien which reflects a new date of last work of August 10, so on its face, it's timely. Is anyone aware of authority that basically invalidates this new lien automatically since it's pretty clearly not in good faith in light of the previously recorded lien?

My client is just trying to keep the owner stable at this point. Any help is appreciated. Thanks.

Matthew Belcastro
Attorney at Law
Henderson, Franklin, Starnes & Holt, P.A.
1715 Monroe Street
P.O. Box 280
Fort Myers, FL 33902
Direct Dial: 239.344.1205
Direct Fax: 239.344.1524
Matthew.Belcastro@henlaw.com
www.henlaw.com

CONFIDENTIALITY STATEMENT

Henderson, Franklin, Starnes & Holt, P.A.

The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.

To reply to our e-mail administrator directly, please send an e-mail to administrator@henlaw.com mailto:administrator@henlaw.com

IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties. If you wish to engage this firm to provide formal written advice as to federal or state tax issues, please contact the sender.

Send a request for sworn statement and do an order to show cause action under 713.21. This is probably the quickest way to resolve the issue. Raymond L. Robinson, Esq. Cell: (305) 632-4384 http://www.rrobinsonlaw.com/ <http://www.rrobinsonlaw.com/> * CONFIDENTIALITY NOTICE: This e-mail message, including attachments, if any, is intended only for the person or entity to which it is addressed and may contain confidential and/or privileged material. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail, destroy all copies of the original message, and do not disseminate it further. If you are the intended recipient but do not wish to receive communications through this medium, please advise the sender immediately. Connect with Robinson & Associates, P.A. <http://www.facebook.com/home.php?#!/pages/Coral-Gables-FL/Robinson-Associates-PA/113822315326716?ref=sgm&ajaxpipe=1&__a=4> <http://www.linkedin.com/pub/raymond-robinson/26/35b/a09> From: constructionlaw-bounces@lists.flabarrpptl.org [mailto:constructionlaw-bounces@lists.flabarrpptl.org] On Behalf Of Matthew Belcastro Sent: Tuesday, November 08, 2011 4:01 PM To: Constructionlaw@lists.flabarrpptl.org Subject: [RPPTL-constructionlaw] FW: Quick Lien Question Hi folks, I have the GC. One of our subs who was fired long ago, recorded a lien on October 20, which reflected a date of last work of July 4 - - more than 90 days. When he started threatening to file suit, we advised him that the lien is invalid because it was not timely file. YESTERDAY (November 7), he recorded a new claim of lien which reflects a new date of last work of August 10, so on its face, it's timely. Is anyone aware of authority that basically invalidates this new lien automatically since it's pretty clearly not in good faith in light of the previously recorded lien? My client is just trying to keep the owner stable at this point. Any help is appreciated. Thanks. Matthew Belcastro Attorney at Law Henderson, Franklin, Starnes & Holt, P.A. 1715 Monroe Street P.O. Box 280 Fort Myers, FL 33902 Direct Dial: 239.344.1205 Direct Fax: 239.344.1524 Matthew.Belcastro@henlaw.com www.henlaw.com ________________________________ CONFIDENTIALITY STATEMENT Henderson, Franklin, Starnes & Holt, P.A. The information contained in this transmission may contain privileged and confidential information. It is intended only for the use of the person(s) named above. If you are not the intended recipient, you are hereby notified that any review, dissemination, distribution or duplication of this communication is strictly prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message. To reply to our e-mail administrator directly, please send an e-mail to administrator@henlaw.com <mailto:administrator@henlaw.com> IRS CIRCULAR 230 NOTICE: Pursuant to Treasury Department Circular 230, this is to advise you unless we otherwise expressly state in writing, e-mail communications, including all attachments, from this firm are not intended or written to be used, and cannot be used, for the purpose of avoiding tax-related penalties. If you wish to engage this firm to provide formal written advice as to federal or state tax issues, please contact the sender.

constructionlaw@lists.flabarrpptl.org

FW: Quick Lien Question