Legal Question in Credit and Debt Law in Florida

Lien on property

I bought a new house and recently received a letter from a company ststing they placed a lien on my house because the builder did not pay them for a painting job. Can they do this. They also sent an ivoice with the buliders name, signature, and the amount owed. I did not hire this comapny or sign any papers. The builder hired this company to fiish items not completed prior to closing. They even signed the receipt. The letter states the builder;s failure to pay debt left them no choice but to file this lien. How do I fight this ? How do I verify there is a lien on my property.


Asked on 10/27/07, 12:40 pm

1 Answer from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Lien 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.

Workmen have the right to place a lien on a property if they followed the proper steps including sending notice to the owner at the time they commenced their work. The only way to find out if they properly followed the law is to have your attorney do a title search and verify if the law was followed properly. Any error will disqualify the lien. If the work was done prior to your purchase, the title company handling the closing should have caught this situation and cleared it prior to closing. If they failed to resolve this and proper notice was given, you may have a claim against them.

Scott R. Jay, Esq.

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Answered on 10/27/07, 2:53 pm


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