Home>Levelset Community>Legal Help>a fl HOMEOWNER, the contractor FORGED and FRAUDULENTLY Notarized my signature/agreement on NOC. Then filed it in CC.

a fl HOMEOWNER, the contractor FORGED and FRAUDULENTLY Notarized my signature/agreement on NOC. Then filed it in CC.

FloridaNotice of Commencement

Contractor and I had many verbal disagreements re terms, service etc. they proceeded with work despite my telling them not to. (I was not present). I later find that they FORGED my signature on a Notice of Commencement THEY EXECUTED (same day as the estimate given) ansd their office NOTARY falsely notarized same (I have never been to that office, seen her, presented ID,etc). Then they filed this fraudulent document in Circuit Ct. Due to ongoing disputes, they filed a lien, and am now suing for foreclosure. Is a lien based on a fraudulent NOC valid?

5 replies

Apr 3, 2020

The easy answer is maybe. Even if the NOC was forged, they are still entitled to the reasonable value of work furnished pursuant to the agreement. That agreement can be verbal or written. Since they performed work, a court may find that this is precisely what they are entitled to under a lien. Specifically because you knew they were working even if you never had a signed contract and you cannot watch them work, but then refuse to pay for that work because of these technicalities. alternatively, a court can find that such forgery, coupled with other facts that may be present in your case, render the lien invalid because based upon fraud. If you would like to discuss your options further, please feel free to contact me at ian@mkpalaw.com. Ian T Kravitz, Esquire Malka & Kravitz, PA Your Construction Law Firm 1300 Sawgrass Corporate Parkway, Suite 100 Fort Lauderdale, FL 33323 954-514-0984

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Apr 5, 2020

the NOC can be contested, however as long as it is there your title to your home will be clouded. I suggest you consult an Attorney. This exact same thing happened to me before.
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Nov 20, 2020

What if, as in the above case, I signed a contract with a contractor who disclosed on the contract their license and one other subcontractor. Then a third contractor, who was not disclosed to the homeowner, who's name or license number is not written on the contract, is hired against their knowledge, pulls the permit and starts work on the roof. In the middle while waiting for an inspector, realizing they have no NOC notarized by the homeowner for their company, forge and notarize a NOC. During this pause, a tropical storm comes, and the unfinished roof waiting for inspection leaks and causes considerable water damage, and mold starts to grow quite excessively, creating an unhealthy living condition. Does that make the NOC the homeowner notarized with the contractor contracted with terminable? Is the fraudulent NOC terminable? Am I entitled to any compensation for damage? Ultimately, the notary, who is the wife of the contractor that was signed with, signed a forged NOC allowing a permit to be pulled and construction started by a third party undisclosed to the homeowner, who's negligence ended in water damage and mold. Can they go after the notary bond? Do they have any legal recourse? In the end, neither contractor or subcontractor on the contract pulled the permit and did the work. The permit was pulled by a third party who was not noticed on the contract, not known to the homeowner, and who's neglect caused damages and an unhealthy environment. Isn't the contract rendered invalid? Isn't the third contractor liable for their negligence? Is the notary that forged the NOC for the third party allowing them to obtain the permit liable? Homeowner is lost and confused.
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Nov 21, 2020

Probably. The notice of commencement has almost nothing to do with lien validity. It only impacts lien priority.

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Oct 20, 2022

I do not understand why are all these documents required to be signed and notarized if then a forgery happens and the contractor is still entitled to collect money. I believe they committed a crime so they should be punished for it not rewarded.
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