Legal Question in Real Estate Law in Florida
Attorney's lein
A few years ago I ran into financial difficulties and my bank began forclosure proceedings. I hired an attorney but despite explicit instructions from me, he did not attempt to secure a payment arrangement with the bank. After a couple of months went by, I contacted the bank directly and secured a payment arrangement in one phone call. The atty subsequently demanded 4 months retainer payments, I requested a detailed invoice and he refused. Now I find an attorney's charging and retaining lien on my property with no specified amount. The law firm has since closed, and the atty is suspended from practicing law by the state bar, for reasons that I have not been able to discover.
How can I get this lien removed, and it is legal/eithical to place a lien on a property without specifying the amount in dispute? I cannot close on a home equity loan because of this, and since the amount is unspecified I can't even place the amount in escrow pending resolution of the lien.
2 Answers from Attorneys
Re: Attorney's lein
You can file a complaint with the FL bar association and possibly sue the attorney for damages or at least to have the lien removed.
Re: Attorney's lein
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I am not sure that a charging and retaining lien is a valid claim against real property. It is usually a vehicle used to secure an attorney's claim against the recovery in a legal matter.
If your title is truly impaired, the simpliest solution would be to file a suit to quiet title. I would suggest that you consult a qualified real estate attorney to review the specifics of your matter and advise you as to your legal rights and obligations.
Scott R. Jay, Esq.
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