Legal Question in Credit and Debt Law in Florida

I was contacted by a property appraiser for a pending property lien by a debt collector. I haved not been served. Do they have the right to enter the property?


Asked on 7/12/11, 11:44 am

1 Answer from Attorneys

Raymond LaBella LaBella Law, P.L.

Absolutely not. First off, there is no such thing as a pending lien. Its either a lien or its not, the issue is whether it has been recorded with the clerk of court. Only certain creditors can lien your property, and only some of them can foreclose if the property is your homestead. Regardless of that, though, a lienholder does not have the right to enter the property. A lien is merely a secured claim, it is not a possesory right. Only the individuals listed on the deed or those that have a lease, or those that are invited or expected (like fire, police, utility man, postman) can come onto your land.

For more information about your rights as a debtor and secured claims, visit us on the web at www.LaBellaLaw.com.

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Answered on 7/12/11, 3:55 pm


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