Legal Question in Real Estate Law in Florida

I received a claim of lien on my home in the mail a few days ago. It states that we owe in total $962.62 ($290.00 in delinquent assessments, $52.50 in interest, $25.00 in late fees, $65.00 for the next months fees, $30.42 in court/postage, and $500.00 in attorney fees). I have few questions: I know the lien is a legal document, but what is it's purpose? Also, if I pay the total amount will it go away or do I need to do something else? And finally, do I have to pay all the fees that are listed - for example attorney fees - or is there a way/law that states I can just pay my delinquent charges and still be in the clear?

Thanks for any help.


Asked on 6/29/11, 7:03 am

1 Answer from Attorneys
Jean Winters Winters & Winters, PA

By law, the lien secures attorneys fees and costs, and payments are applied first to interest, then to late fees, attorneys fees & costs, and finally to assessments. So yes, you need to pay the attorneys fees.

Once you have paid the amounts owed, then you are entitled to receive a satisfaction of the lien that has been recorded in the public records. In fact, if the association does not send you a satisfaction in 60 days, you have a cause of action against the association and can ask for attorneys fees.

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Answered on 6/29/11, 7:30 am


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