Legal Question in Credit and Debt Law in Florida

Lein on property

Can a financial institute that you owe money to, place a lein on your property.


Asked on 6/18/07, 8:32 am

2 Answers from Attorneys

Barry Kaufman The Law Office of Barry W. Kaufman

Re: Lein on property

Yes, after a judgment is entered.

Read more
Answered on 6/18/07, 9:29 am
Scott R. Jay Law Offices of Scott R. Jay

Re: Lein on property

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 money owed is for the purchase of the property in question, then you probably already have a lien. In real property it is called a mortgage. In personal property it is either a chattel mortgage or a UCC-1 (or both).

If the money owed was not used to buy the property in question, the lender can place a lien on any property you own other than your homestead after obtaining a judgment. To get a judgment, the lender would have to sue you in a court of law.

Scott R. Jay, Esq.

Read more
Answered on 6/18/07, 11:05 am


Related Questions & Answers

More Credit, Debt and Collections Law questions and answers in Florida