Legal Question in Real Estate Law in Florida

Can a lien be placed with out notifying the property owner?

I purchased my home from a friend, we did a wrap around mortgage, included in the repayment schedule was a "unrecorded" loan that also had to be paid on monthly. We refinanced the home about 4 years ago and had no problems, upon trying to obtain a 2nd mortgage, we were informed that there is a 34,000 lien on the property, 24K was paid by our current mortgage co. Since then we have had a personal falling out with these people so they have filed an additional 10K lien. We were never notified by Putnam County and have made payments Monthly on the "unrecorded" loan. That loan was a signature loan for their down payment, it never was attached legally to the property. Will this prevent me from getting my 2nd mtg? Thank you for a Detailed response.


Asked on 9/09/00, 1:49 am

1 Answer from Attorneys
William W. Fernandez, Sr., J.D. Law Ofc. Wm. W. Fernandez, Sr., J.D., Atty. at Law

Filing liens without notice to owner.

A property owner generally must be given notice before a lien is placed on their property unless they consent and sign allowing the lien. If you signed a note and mortgage and it was not immediately recorded, that doesn't mean it can't be recorded at a later time. However, there are exceptions to the prior notice rule:

(1) a contractor hired by one of the owners to work on their property may file a claim of lien, if not paid; [but the contractor is still supposed to send notice after the claim of lien is filed;]

(2) a governmental entity can lien property but this generally occurs after notice, either individual or public or both;

(3) a court judgment is a lien on the property, if a certified copy is recorded in the county where the property is located. But a lawsuit requires service or publication, so there is notice again.

Read more
Answered on 10/12/00, 10:52 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida