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In some states (including Florida, Georgia, Iowa, Michigan, and Ohio) a Notice of Commencement must be filed when a project is started in order for any party to later file a mechanics lien.
713.23 or the date the notice of bond is served on the lienor. (f) The giving of a notice of commencement is effective upon the filing of the notice in the clerk's office. (g) The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead.
Recording a Notice of Commencement All information must be typewritten or legibly printed. Lines 1, 2, 3, and 4 must always be filled in. ... If line 5 applies, a copy of the Payment Bond must be attached to the instrument when it is recorded. Be sure to read the Warning to Owner.
Should a Notice of Commencement Florida be Notarized? In Florida, the NOC must be signed and notarized by the owner or the owner's agent.
713.23 or the date the notice of bond is served on the lienor. (f) The giving of a notice of commencement is effective upon the filing of the notice in the clerk's office. (g) The owner must sign the notice of commencement and no one else may be permitted to sign in his or her stead.
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The property owner is usually obligated to file the notice of commencement in Florida, but there is one exception. IF a construction loan is taken for the project, the construction lender must actually file the NOC, and the owner will be excused from this.
WARNING TO OWNER: ANY PAYMENTS MADE BY THE OWNER AFTER THE EXPIRATION OF THE NOTICE OF COMMENCEMENT ARE CONSIDERED IMPROPER PAYMENTS UNDER CHAPTER 713, PART I, SECTION 713.13, FLORIDA STATUTES, AND CAN RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY.
(3) The recording of a notice of commencement does not constitute a lien, cloud, or encumbrance on real property, but gives constructive notice that claims of lien under this part may be recorded and may take priority as provided in s. 713.07.
The owner (of the property) must sign in two places on the Notice of Commencement, or the Owner's Authorized Officer/Director/Partner/Manager. o The owner or the person who signed must also sign under the Verification Pursuant to Section 92.525 of the Florida Statues, indicating that they have read the foregoing ...
To properly terminate a notice of commencement, the owner must swear to and include the following information in its recorded Notice of Termination: the same information as in the notice of commencement; the book and page reference numbers and date of the notice of commencement;

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