Legal Question in Business Law in Florida

Re: Liens

Generally you are right but there may be defects in your lien, maybe you did not properly perfect your lien rights, maybe your lien expired. Also, there are things that an owner can do to transfer the lien off of the property by putting up cash in the amount of the lien pursuant to Florida statute 713.24. Or... maybe the bank just screwed up. Try to call the bank and ask them how come you were not paid.

Good luck,

Randall Gilbert

Re: Liens

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If the lien was properly filed and perfected it is good for one year after which time it will expire. If the bank (or another party) purchased this property within this time, then you may have a claim against the Buyer. If the bank had a prior lien and simply took the property in lieu of a foreclosure then you may be out of luck. You should consult a qualified attorney to review this matter to find out if everything was done properly and if you have any rights for the monies owed to you.

Scott R. Jay, Esq.