Legal Question in Real Estate Law in Florida

Lien on property in Florida

I became late on loan payments to our mobile association. My account was sent to an attorney and he placed a lien on the property. I was sent no correspondence until the lien had been filed. By the time I received This notice the account had been brought to date. All outstanding payments were made accepted and cashed BEFORE the lien was recorded. I have made 7 (seven) payments since the lien was prepared. All have been accepted and cashed. The attorney still claims I owe the origional amount. The association that collects the payments show a much smaller balance than the attorney is requesting. Is the lien valid as payment was made before it was recorded?


Asked on 2/17/08, 5:04 pm

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

Re: Lien on property in Florida

It depends on whether the association had sent the account to the attorney prior to receiving your full payment; when the attorney mailed (or otherwise delivered) the lien for recording; and whether your mobile home is in a condo or homeowners' association. I presume it is condo. You may possibly be able to argue an accord and satisfaction, depending on the circumstances.

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Answered on 2/17/08, 5:16 pm


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