Is it mean to lien
A lien under Florida law is really just notice that the lienholder has an interest in some property either real or personal. The most common liens are construction liens recorded by those who improve property and are not fully paid. But there are other types of liens. This addresses what the process and benefits of a lien and the implications of recording a lien.
Where do I record a lien Liens are basically recorded in three places. It depends on what kind of lien it is. Liens against real property are recorded in the official or public records of the county where the land is located. Those would include construction liens and judgments. It is true that the courts issue judgments, but unless or until a certified copy is recorded in the separate and distinct official records, the judgment will not act as a lien.
The other locations are the Florida Secured Transaction Registry for UCC liens and Sunbiz for judgment liens against personal property. These sites are part of routine due diligence in the purchase of business assets. A benefit of filing proper liens in these locations is to deny a purchaser the ability to claim that party is a bona fide purchaser or BFP.
What can I do with a lien Liens allow for lawful methods of seizing property. Liens also provide the lienholder with special rights to property greater than those of other claimants. Liens provide priority based on when they were recorded or filed. For example, if you sue someone and win a money judgment, another party with a priority lien could seize the assets of the judgment debtor any deny you the ability to collect on your judgment. Thus, lien searches are also often searched in lawsuits when businesses evaluate the return on investment potential of the lawsuit.
How do I know if I have a lien You may have a right to file or record a lien if you improved real property and have not been fully paid. You may also have a right to file or record a lien if you loaned money and the agreement secured the debt. These are just some examples of common situations where lien rights arise. It is best to consult with an experienced business attorney before recording any lien to determine if you have the right to do so. Wrongful liens could expose you to avoidable liability.
How can I draft and record a lien The lien laws in Florida are very strict. Failure to properly and timely comply with those requirements can expose the party filing or recording a wrongful or improper lien to liability. It is not advisable to do this on your own. The money you might save by doing it yourself will be overshadowed by the substantial legal fees later to defend a quiet title or slander of title lawsuit.
If you think you or your business has a right to a lien you should consult with an attorney experienced in lien law. Likewise, if you believe that another party has wrongfully recorded a lien on your property consult counsel. Attorneys Board Certified in construction and business litigation are experts in this field. You can obtain a listing of Board Certified attorneys from the Florida Bar.
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Written by David Steinfeld
Check out business lawyer David Steinfeld online for helpful videos and articles on Florida business law, real estate disputes, and electronic discovery solutions for your business. This article is provided for informational purposes only.