Skip to main content

Claim of lien

Key West, FL |
Filed under: Construction law

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. 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. 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: (973) 949-3770 Fax: (866) 603-0471 Toll Free: (855) NJLAW01 (855) 655-2901 www.peterlamontesq.com Additional Offices in Massapequa, NY, Monument, CO, San Juan, PR and affiliates throughout the country. PLEASE NOTE: The above statements are provided for informational purposes only and do not constitute legal advice. Transmission of the information is not intended to create, and the receipt does not constitute, an attorney-client relationship between sender and receiver. You should not act or rely on any information contained on this site without first seeking the advice of an attorney.


  3. 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.

Construction law topics

Top tips from attorneys

What others are asking

Can't find what you're looking for?

Post a free question on our public forum.

Ask a Question

- or -

Search for lawyers by reviews and ratings.

Find a Lawyer

Browse all legal topics