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Claim of lien

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?

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Attorney answers 3


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.

Nestor Bustamante III

Nestor Bustamante III


Please note the contract price between the owner and contractor must be in exc ess of $2,500.00 or there are no lien rights for subcontractors. (See Florida Stat. 713.02. It is unclear from your question how the lien came about. If the lien falls under the exception of provisions under Fla. Stat. 713.05 then the lien can be foreclosed within a year of its recording. If no action is taken within the year then the lien lapses by operation of law and you will not have to pay it even if you do sell the property.


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

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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 (561)743-3708.