Legal Question in Real Estate Law in Florida

Lien Removal on Home for Sale

I am a single parent in AZ. I own a home in Pasco Cty FL with ex husband of 10 years. House was to be sold upon divorce, he wouldn't sell, now will. He is in prison, house was going into foreclosure, occupants want to buy and qualify, title company found lien for my ex's child support on house, I will never get it, need it removed so I can sell. The child support exceeds value. I just want to get rid of house so they don't foreclose and put lien on my home with my daughter. Please advise. I have tried contacting attorneys in Florida and so far none will help.


Asked on 12/28/01, 1:45 pm

2 Answers from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Lien Removal on Home for Sale

You need to find a real estate lawyer located in the same county where the property is located. Contact the county's bar association or The Florida Bar for possible referrals. Good luck.

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Answered on 12/28/01, 4:04 pm
Joel Cohen Joel M. Cohen,P.A.

Re: Lien Removal on Home for Sale

Ordinarily the lien a judgment creates does not attach to homestead real property. As you indicate, there are tenants, and you live in another state. Therefore the lien attached. You can try to contact the holder of the lien and offer her a small amount of money to release it without voiding her judgment. A foreclosure would not only ruin your credit, but would void out her lien anyway.If she cooperates with you, you both "win". JMC

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Answered on 12/28/01, 8:27 pm


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