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  • Liens

    After how many days do you put a lien on a storage unit in Florida?

  • #2
    Legally, you can start your auction processing after 30 days from the due date have passed.
    Bob Taylor (Astro)
    Blue Ridge Self Storage
    Cashiers, NC

    Disclaimer: What Gina said....'cause the the cheese fell of my cracker.

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    • #3
      Legal Learning Live

      Originally posted by RickyJ View Post
      After how many days do you put a lien on a storage unit in Florida?
      Ricky, have you thought about registering for the Legal Learning Live webinar? Attorney Jeffrey Greenberger will be available to answer these types of questions during the Q&A portions of the live sessions.

      First session is tomorrow.
      John Carlisle
      Community Manager Emeritus
      Still a Big Fan of Self-Storage!
      www.chicagoprowriter.com

      Comment


      • #4
        Florida statutes

        Florida is actually very unusual in that the statutes do not state when the foreclosure process MUST begin. 83.806 specifies the format for a letter that essentially begins the foreclosure enforcement process but the operator is left to determine when it starts. In theory, the self storage operator could send this notice on the first day the rent is due, however, that would be impractical and let's face it, not fair. Moreover, the Florida operator must find, determine the presense of and notify any perfected security interest lienholders before the sale as well. Most Florida self storage owners begin the process on or after the 30th day.

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        • #5
          Lein letters go out on the 18th of the month the tenant is delinquent. Sale letters go out on the 6th of the following month and the unit is sold.

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          • #6
            Re: Liens

            Have heard something similar to the following before "determine the presense of and notify any perfected security interest lienholders before the sale as well"
            But have not seen where this is ststed in the Self-Storage Statute. Is that some place else in the law?
            Karen and Denny Beall
            Diamond Self Storage
            Nature Coast of Florida
            DiamondSelfStorage.com

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            • #7
              Re: Liens

              Originally posted by dennybeall View Post
              Have heard something similar to the following before "determine the presense of and notify any perfected security interest lienholders before the sale as well"
              But have not seen where this is ststed in the Self-Storage Statute. Is that some place else in the law?
              It is clearly in the statues for Florida, here is the code section:

              Florida Statutes

              83.805 Lien.
              —The owner of a self-service storage facility or self-contained storage unit and the owner’s heirs, executors, administrators, successors, and assigns have a lien upon all personal property, whether or not owned by the tenant, located at a self-service storage facility or in a self-contained storage unit for rent, labor charges, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to ss. 83.801-83.809. The lien provided for in this section attaches as of the date that the personal property is brought to the self-service storage facility or as of the date the tenant takes possession of the self-contained storage unit, and the priority of this lien shall be the same as provided in s. 83.08; however, in the event of default, the owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code in which the tenant is named as the debtor.

              This means that Florida facilities must search for UCC filings under the debtors/tenants name and if liens are present, you must notify the lienholders. You can search them at www.floridaucc.com. Of course, very few facilities in Florida does this, but this is the law.
              "Freedom of speech, does not mean freedom from being offended. The Constitution does not protect your feelings..."

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              • #8
                Re: Liens

                It says you give notice but where does it say you have to research to find out if anyone has a Perfected Security Interest? Would advertising in the Legal Section cover you for that?
                I've opened a unit or two to check for stuff for the folks at the "rent here & Pay here" store. The unit with the stolen "Cash Machine" also generated some phone calls....
                Karen and Denny Beall
                Diamond Self Storage
                Nature Coast of Florida
                DiamondSelfStorage.com

                Comment


                • #9
                  Re: Liens

                  Originally posted by dennybeall View Post
                  It says you give notice but where does it say you have to research to find out if anyone has a Perfected Security Interest? Would advertising in the Legal Section cover you for that?
                  I've opened a unit or two to check for stuff for the folks at the "rent here & Pay here" store. The unit with the stolen "Cash Machine" also generated some phone calls....
                  Note the wording "owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code..." Liens are filed on property so that they are discoverable by others. This is done via either the county recorder in some states and/or the Secretary of State in other states. Filing a lien on property is called "perfecting your lien, recording your lien or a perfected security interest." This tells the world that you have an interest in property until you are paid in full. Motor vehicles use the same system of lien recording but it is typically done through a department of motor vehicles. In Florida, you must search for liens and notify lienholders before foreclosing on your lien since those lienholders have an interest in their property. Once again, this is the law in Florida, however, very few facilities do this.


                  83.805 Lien.
                  —The owner of a self-service storage facility or self-contained storage unit and the owner’s heirs, executors, administrators, successors, and assigns have a lien upon all personal property, whether or not owned by the tenant, located at a self-service storage facility or in a self-contained storage unit for rent, labor charges, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to ss. 83.801-83.809. The lien provided for in this section attaches as of the date that the personal property is brought to the self-service storage facility or as of the date the tenant takes possession of the self-contained storage unit, and the priority of this lien shall be the same as provided in s. 83.08; however, in the event of default, the owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code in which the tenant is named as the debtor.
                  "Freedom of speech, does not mean freedom from being offended. The Constitution does not protect your feelings..."

                  Comment


                  • #10
                    Re: Liens

                    Originally posted by hurlco View Post
                    Note the wording "owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code..." Liens are filed on property so that they are discoverable by others. This is done via either the county recorder in some states and/or the Secretary of State in other states. Filing a lien on property is called "perfecting your lien, recording your lien or a perfected security interest." This tells the world that you have an interest in property until you are paid in full. Motor vehicles use the same system of lien recording but it is typically done through a department of motor vehicles. In Florida, you must search for liens and notify lienholders before foreclosing on your lien since those lienholders have an interest in their property. Once again, this is the law in Florida, however, very few facilities do this.


                    83.805 Lien.
                    —The owner of a self-service storage facility or self-contained storage unit and the owner’s heirs, executors, administrators, successors, and assigns have a lien upon all personal property, whether or not owned by the tenant, located at a self-service storage facility or in a self-contained storage unit for rent, labor charges, or other charges, present or future, in relation to the personal property and for expenses necessary for its preservation or expenses reasonably incurred in its sale or other disposition pursuant to ss. 83.801-83.809. The lien provided for in this section attaches as of the date that the personal property is brought to the self-service storage facility or as of the date the tenant takes possession of the self-contained storage unit, and the priority of this lien shall be the same as provided in s. 83.08; however, in the event of default, the owner must give notice to persons who hold perfected security interests under the Uniform Commercial Code in which the tenant is named as the debtor.
                    The UCC is federal law and it applies to every state. The whole purpose is to notify other creditors and lien holder (including us) that a prior lien has been filed against the same collateral. The UCC must be filed in the state of residence of the debtor.

                    It is wise advice to check the Secretary of State websites for UCC filings. By the way, if a prior lien has been filed it is most likely ahead of ours.

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                    • #11
                      Re: Liens

                      To answer specifically the original question - in Florida the lein is in effect as soon as the stuff is put in storage. Read the statutes.
                      Karen and Denny Beall
                      Diamond Self Storage
                      Nature Coast of Florida
                      DiamondSelfStorage.com

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