Legal Question in Real Estate Law in Florida

trying to collect from deadbeat dad

my x has property in fl. he lives in ok. i live in ct. he is in the process of trying to close on the fl house. i have a lien on it for daycare reimbursement which was court ordered. his lawyer claims that my lien was not filed properly and is demanding that i remove it or he'll file suit for slander of title. i disagree with that. he owes this money. what should i do?


Asked on 2/24/04, 3:53 pm

3 Answers from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: trying to collect from deadbeat dad

You'll have to check w/ a FL lawyer to see if the lien was properly filed. But in any event, let him sue you for slander of title; any judge would offset any judgment by what he owes you.

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Answered on 2/24/04, 4:01 pm
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: trying to collect from deadbeat dad

You need to consult with a Florida real estate lawyer and provide him/her with a copy of the recorded judgment ordering daycare reimbursement in your favor. Do not forget that your husband's lawyer was not hired to protect your interests (or your child's best interests), and he essentially wants to remove or release the lien so that clean title may be conveyed. You should not sign any document presented by your husband's lawyer nor remove the lien without first consulting with a lawyer. If your husband's lawyer wants you to release the lien that he alleges was improperly recorded, tell him you'll be happy to if and when your former spouse cuts you a cashier's check that clears for the daycare reimbursement owed. Do not sign anything until you confirm that you have received cleared funds. Good luck.

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Answered on 2/24/04, 4:55 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: trying to collect from deadbeat dad

I urge you to follow the advice in the first two replies, especially the second.

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Answered on 2/24/04, 5:10 pm


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