Claim of lien

Asked about 2 years ago - Key West, FL

If I have a lien put on my property for around $1000, does that simply mean that if I ever choose to sell the property, the lien holder gets their monies? Or can they actually take possession of property worth well in excess of the amount of the lien?

Attorney answers (3)

  1. Ian Todd Kravitz

    Contributor Level 3

    1

    Lawyer agrees

    Answered . If a construction lien is placed on your property in regards to improvements made on your property, the lien holder can file suit to foreclose on that construction lien. In such proceeding, the Court can order the propetry sold to satisfy the lien, interest, attorney's fees and costs. So yes, you can lose your property if a lienor decides to enforce a construciton lien on your property.

  2. Earl Kenneth Mallory

    Pro

    Contributor Level 16

    Answered . Not so simple. Hire a construction lawyer to review your specific facts and advise you. Many facts must be determined.

    Was the lien recorded more than a year ago? If yes, it is no longer a valid lien.

    Is the lienor a contractor and licensed? If a contractor and not licensed, the lien my be invalid, except in certain circumstances.

    Do you have a direct contract with the lienor? If not, did you get a Notice to Owner within the time prescribed by the lien law? If you did not, the lien may be invalid.

    You may have defenses to the lien. Was the work done properly? Was the lien timely recorded?

    Again. Hire a construction lawyer.

    This response does not create an attorney-client relationship. Unless you are already a client of the Mallory Law Group, pursuant to an executed employment agreement, you should not use, interpret, or rely on this response as legal advice or opinion. Do not act on any information in this response without seeking legal advice. Earl K. Mallory ekmlaw@bellsouth.net (561)743-3708.

  3. Peter Joseph Lamont

    Pro

    Contributor Level 18

    Answered . I agree with the prior answer. I would need more information as to the lien in order to provide more suggestions.

    Peter J. Lamont, Esq. Law Offices of Peter J. Lamont 623 Lafayette Avenue, Suite 2, Hawthorne, NJ 07506 Phone: (... more

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