Legal Question in Real Estate Law in Florida
Own a share on California property with assessed value of $300,000+. Property is now vacated . How can I file a lien to protect my interest?
2 Answers from Attorneys
You cannot just file a lien to protect your interest. A lien must be based on a statute, such as a code enforcement lien, tax lien, mechanics lien, judgment lien, community associaiton assessment lien, etc. You cannot just record a lien to protect your interest unless you have an interest covered by one of these provisions. Doing so could expose you to a slander of title claim. I have seen people record liens that have no basis in law (the clerk will not verify if the lien has a basis in law), as long as you pay your fee and it is notarized. So be wary of recording a lien unless you can point to a statute that authorizes it. You should consult an attorney before doing so.
You need to contact an attorney in California as that law would apply.