In its simplest form, a lien under Florida law is a signal to the world that the creditor has an interest in some real or personal property. The most common are materialist-registered construction liens, as Florida law defines that term. Material men are generally considered property improvers and are not paid in full. In Florida, judgments can also act as links, as well as Uniform Commercial Code (UCC-1) Financing Statements, if properly recorded and filed in the correct places.
So what if a party has the legal right to register a link? Should I do it? Like many areas of the law, it depends on the particular situation. However, liens provide for legal methods of seizing property and give one party special rights greater than those of other claimants. For example, a properly recorded priority lien may give one party the ability to prevent another party from acquiring sixteen assets subject to the lien and may ultimately protect that party’s ability to satisfy a judgment on its behalf. favour.
So how does a party know if they have the legal right to file a lien? A party may be entitled to a lien if they have participated in real property improvements and have not been paid in full. A party may also be entitled to a lien if it lent money when the agreement called for the debt to be secured. These are just a few examples of common situations where lien rights arise. They are not exclusive and the best action to take before filing a lien is to consult with qualified legal counsel.
Please note that Florida lien laws are very strict and a proper and timely failure to comply with their requirements can expose a party to significant liability. This is not the type of legal matter that a party should undertake without an attorney to save money because it can result in substantial liability later. Improper liens or those found by a court to be fraudulent can lead to costly lawsuits against the lien for claims, such as silent title and defamation of title, which can expose the lien to significant liability, including attorneys’ fees and punitive damages.
If you believe you have the need or right to file a lien or believe that some party has improperly encumbered your property, you should first consult with an attorney who understands and has experience in real estate, construction, or real estate litigation. Board Certified Real Estate, Construction Law and Business Litigation attorneys are recognized by the Florida Bar Association, judges and their peers as experts in this field. You can obtain a list of Board Certified attorneys on the Florida Bar website at http://www.flabar.org.