Failing to meet contractual or legal obligations may result in a lien. Florida residents often fear the effects of liens attached to real estate, especially if the lien holder can seek a judgment to foreclose a property.
In this article, you will have an overview of the lien laws in Florida.
What is a Lien? – Explaining the Concept
A lien is a claim or legal right against an asset used to satisfy a pending obligation that was not fulfilled. Often established by a creditor or a court judgment, a lien guarantees that an individual or entity will meet an underlying obligation.
If the underlying obligation is not satisfied, the lien holder can seize the asset subject to the lien and secures the payment of debt or performance of a specific obligation. Florida law has several types of liens that can be attached to different types of assets.
Generally, liens are often attached to real property. Depending on the type of lien, it can be attached to personal property, such as a vehicle.
For example, a mortgage lien can be attached to the real property on which the mortgage amount is owed. Conversely, a lien associated with a loan used to purchase a car might be attached directly to the title of the vehicle.
Types of Liens
Two basic categories of liens encompass the long list of liens existing in Florida, which are voluntary/consensual liens or involuntary/statutory liens. As its name suggests, voluntary or consensual liens are those associated with voluntary actions, such as using a property as collateral for a loan.
Involuntary or statutory liens necessarily require a creditor to seek legal action to attach a lien to a specific asset. Depending on the severity of the lien, it can be recorded in public records.
This way, the lienholder is publicly stating that he or she has an interest in the property or asset to which the lien is attached. Prospective property buyers must pay attention to this type of lien, as it must be released before the property can be sold.
What Are the Lien Laws in Florida? – An Overview
Florida has a long list of statutory provisions governing liens of all types. The most common type of liens within state jurisdiction is mechanic’s or construction liens, which can be attached to a property upon the owner’s failure to pay contractors, suppliers, and materialmen.
Florida Statutes §713.001-713.37 provides a detailed description of all construction-related liens, including compliance rules during the attachment of a lien.
Also, tax liens are not hard to find in many Florida properties. This statutory category only encompasses liens that allow tax authorities to collect from the assets of delinquent taxpayers to satisfy pending obligations.
Florida Statutes §173.01 expressly states that “the lien of any and all taxes, except those ad valorem taxes collectible by the county tax collector, tax certificates, and special assessments imposed by any incorporated city or town in the state upon real estate may be foreclosed by such city or town by suit in chancery.”
Navigating Florida Lien Laws – Immediately Seek Expert Legal Guidance
A well-versed legal advisor in Florida lien law, Attorney Romy B. Jurado has a zealot approach when it comes to protecting her client’s interests. Contact us today by calling (305) 921-0976 or emailing [email protected] for an individual consultation.