Legal Question in Real Estate Law in Florida

Re: Can a property close if lien exists?

I don't know about FL law, but you say your lien was filed "improperly". If that's so, he can probably transfer without breaking the law. You also say the lien is on personal property. Same problem, but what kind of lien is it? A UCC-1 lien? Of course, any buyer would probably not pay him if there's an unresolved lien, even if it isn't filed properly, but you never know.

Re: Can a property close if lien exists?

The buyer will probably want the issue resolved before closing, so even if your lien was filed "improperly", whatever that may mean, it may serve its intended purpose.

Re: Can a property close if lien exists?

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then you are instructed to stop here, and do not read any further.

As an attorney who reals extensively in both residential and commercial real property closings I can tell you that an improperly filed lien or unperfected lein is not a lien against real property and will generally be ignored.

If you wish to try to obtain a proper lien, you must have your claim reduced to a judgment. I strongly suggest you retain a Florida attorney to file the necessary pleadings in the appropriate court before it is too late.

Scott R. Jay, Esq., 305-249-8000

Re: Can a property close if lien exists?

You may have no lien. If the monies due to you will be escrowed for you at closing, why not take the money and wish everyone well and forget about the propriety or non of your lien.