Posted on Friday, December 8th, 2023

lawyer of home real estate and ownership propertyDealing with a lien on your property in Florida can be stressful and complex. It is a situation that many property owners and real estate investors may face at some point. Whether it is a mechanic’s lien from a contractor, a tax lien from unpaid property taxes, or any other type of lien, understanding how to navigate the removal process and knowing when it is essential to seek the help of Orlando real estate attorneys can make the situation manageable.

Common Liens in Florida

There are several types of property liens in Florida that can be levied on real estate, each serving as a legal claim against a property to satisfy debts or fulfill obligations. These common liens include:

  • Consensual Liens: Also known as voluntary liens, these result from loans or credit advancements where borrowers pledge assets as security. Examples include mortgages, vehicle loans, and equipment financing.
  • Judgment Liens: These are legal claims against people who have failed to pay a debt or meet monetary obligations. Creditors can file judgment liens to gain control over personal property, such as houses or cars. The creditor can sell the property if the debt is not settled.
  • Mechanic’s Liens: Contractors, subcontractors, and suppliers can file mechanic’s liens to ensure payment for work or materials provided for a property. These liens are involuntary and do not require a contract between the parties.
  • Property Tax Lien: Imposed when property taxes are not paid, these liens are considered a first position lien and are enforceable against the property.

When dealing with any type of lien, it is essential to understand their implications and the legal processes involved in addressing them. For specific legal advice or assistance with liens in Florida, consulting Orlando real estate attorneys is recommended.

How to Remove a Lien in Florida

The removal process of a property lien in Florida generally involves several steps, depending on the type of lien and its circumstances. Here are the ways to remove a lien:

  • Disputing the Lien: If the property owner believes the lien is invalid or filed erroneously, they can challenge the lien in court. This may require filing a lawsuit to have the lien removed.
  • Expiry of the Lien: Some liens have a statutory period within which the lienholder must enforce the lien. If they fail to enforce or extend the lien within this period, it may expire and become unenforceable.
  • Payment of the Debt: The most straightforward method of removing a lien is by paying the debt owed. Once the debt is paid in full, the lienholder is obligated to remove the lien from the property. They should file a release of lien with the county records office, which officially clears the lien from the property’s title.
  • Negotiating With the Lienholder: Sometimes, property owners can negotiate with the lienholder for a settlement for less than the amount owed or for more favorable terms. After the agreement is fulfilled, the lienholder should release the lien.
  • Bonding Off the Lien: Property owners can sometimes remove a lien by substituting a lien with a bond. This process, known as “bonding off” a lien, involves obtaining a lien bond from a surety company. The bond guarantees payment of the lien if the property owner is ultimately found liable.

A real estate attorney in Orlando can provide legal advice tailored to the specific circumstances, help navigate the legal processes involved, and represent the property owner’s interests in negotiations or court proceedings. To understand further the removal of property liens in Florida, contact Nishad Khan, P.L. today to have your appointment.