Legal Question in Real Estate Law in Florida

ok--here is a tough one!!--my babys mama,owns a home,a lien was placed on it for 15k due to her moms failure to tell anyone the taxes were unpaid for a while!!--jeeze!-anyway, thats another story,,,,well my parents have a friend in real estate,his boss purchaced the lien to avoid the lien being exercised and them loosing the house for 15k--he gave them the stipulation that the house would be listed with them and sold --lien paid off everyone is happy!--(he gave her6 mos to either have the house sell OR satisfy the 15 k lien)--well they are kind of relucktant to sell due to her mom being ill and 86 years old --to have to move out of the house would most likely have devistating results,,yes i understand the latter also- the lien could be exercised,tough luck,get out,lien holder just would aquire a 120,000 piece of realestate for a mear 15k--there is NO mortgage on the house --it is free and clear--please, she has tried to get loans,i know doctors that are having a rough time getting mortgages now!!----my question is

can i purchace this house for say 20k--thus satisfying the lien?--not thru the listing broker though, i think because they are a lienholder they would have a say??--please-helpful answers only--her credit sucks as does mine--thank you Richie


Asked on 1/15/11, 10:25 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

Assuming that the broker-lien holder only filed a lien on the property, then he has a lien. period. This must be paid upon the sale of the property, in order to clear title. In the event that broker ALSO had baby's moma sign a mortgage in exchange for the tax payment, then the broker can foreclose on the property, and unless the lien is paid in full, yes, he will own the property. In the event that broker and baby's moma signed a contract regarding the listing and sale of the property, then baby's moma may have to comply with the terms of the contract, and baby's moma and her moma will have to move in either of the last two cases. If you really have $20K, then you could just pay off the lien and get the broker out of baby's moma's life. I suspect that broker and baby's moma signed all sorts of stuff that you don't know about. Baby's moma would be smart to take all of her papers to a real estate attorney, to straighten out the mess she has created for herself, BEFORE you or baby's moma gives broker any money or signs anything else.

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Answered on 1/20/11, 5:07 pm


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