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WiseOwl58, Lawyer
Category: Real Estate Law
Satisfied Customers: 3731
Experience:  Experienced real estate lawyer and real estate broker.
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F.S. 196.151 .. If, after due consideration, the property

Customer Question

F.S. 196.151 .. If, after due consideration, the property appraiser finds that the applicant is not entitled under the law to the exemption asked for, he or she shall immediately make out a notice of such disapproval, giving his or her reasons therefor, a copy of which notice must be served upon the applicant by the property appraiser either by personal delivery or by registered mail to the post office address given by the applicant..... My appraiser has the receipt that it was mailed June 30 ... but after 10 days I never received the denial notice... got the tracking number from the appraiser and called the postmaster with it ... was lost between 2 mail centers ... one scanned it the other did not scan it.... I told the appraiser apparently the letter was lost ... and I would be up to pick it up this week ... She said not today I am in the middle of something important.... 5 days later I went into the office and picked a up a duplicate copy and had it certified dated 15 days after July 1...... question can I claim the notice was statutory invalid for lack of service by the appraisers office .... 5 days after I told them I never receive the letter an it was lost.... my name is*****: What state are you in? It matters because laws vary by location.
Customer: Flagler County Florida
JA: Has anything been filed or reported?
Customer: Yes I filed a claime with USPS for a undilivered certified letter and have the tracking pprint out ... three days after the claim was filed the postmaster called me back and said it might have been missed delivered ... but it never came threw his office
JA: Anything else you want the lawyer to know before I connect you?
Customer: yes is this a legal opinion that I can use for a denial of service
Submitted: 2 months ago.
Category: Real Estate Law
Expert:  WiseOwl58 replied 2 months ago.

Under Florida law, if the service is not made because of the fault of the USPS, you cannot be held liable. You can proceed with the action. I would suggest that you just send it again, and once you send it, if the other party tries to fight it, then your defense is that you attempted service and it was the error of the USPS. Under these circumstances you will prevail.

Good luck to you. Please rate 4 or 5 and close out the question. I wish you all the best.