Legal Question in Real Estate Law in Florida

Homestead Property Liens

Is homestead property in Florida protected from liens such as a mechanic's lien?


Asked on 1/01/06, 5:49 pm

2 Answers from Attorneys

Randall Gilbert Gilbert & Caddy P.A.

Re: Homestead Property Liens

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RESPONSE: No. The fact that a property may be homestead exempted is not a defense to a mechanic's lien, which incidentally are now called Construction Liens. The rason being is that the contractor is presumed to have improved the homestead, and therefore the fact that the property is homestead is not a defense. There may be other defenses you have to a Construction Lien, and there are ways to shorten the time in which a contractor has to pursue the lien. Good luck,

Randall Gilbert

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Answered on 1/01/06, 7:40 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Homestead Property Liens

If the mechanic's lien arises from improvement to the homestead, then lien is deemed consentual and can be enforced against the homestead.

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Answered on 1/01/06, 7:44 pm


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