Legal Question in Real Estate Law in Florida

Received claim of lein from attorney for back home owners due from last year. Bill was 270. Lein for $900. Who do I pay $900 and how do I go about making sure it gets settled with this money. Doesn't escalate any farther. Do not want too loose my house.


Asked on 2/15/16, 5:59 am

3 Answers from Attorneys

David Slater David P. Slater, Esq.

Call your HOA and the lawyer to verify info.

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Answered on 2/15/16, 6:10 am
Barry Stein De Cardenas, Freixas, Stein & Zachary

You don't say what the lien is for. Mr. Slater assumes it is for HOA dues, is that correct? If so, you should follow his advice. If the lien is for something else, than the document and lien information need to be reviewed to give you proper advice. You should have had an attorney handling you closing and these issues would have been avoided.

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Answered on 2/15/16, 7:15 am
Jean Winters Winters & Winters, PA

I am assuming that there is not a mortgage foreclosure filed against you. If there is, then you definitely need to contact the attorney asap, by telephone AND email to ask for a payoff by a date as soon as you can expect the law office will receive the payment (give 5 days for mailing). You do not want to wait until a lawsuit is filed against you. If a mortgage foreclosure has been filed, the attorney need not wait any prescribed time to file the lawsuit.

If the lien is an HOA lien and there is no mortgage foreclosure filed yet, you have 45 days from the date of the notice of intent to foreclose (the second notice you probably received from the attorney) to pay before a foreclosure is filed. You should pay the amount stated in that second letter. Still, you should verify that by calling and e-mailing the HOA attorney. I would suggest mailing payment in the manner prescribed in the second attorney's notice, and mail by certified mail to the address given in the letter (usually the attorney's address.) The certified mail will ensure that you have proof of mailing. If you go to his or her office to make payment, then you need a dated receipt of payment.

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Answered on 2/15/16, 2:56 pm


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