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Property Liens

Attorneys Skilled in Fort Lauderdale Property Liens Searches

Reliable service for buyers and sellers of commercial and residential real estate

For real estate purchasers, property liens present a very clear case of caveat emptor: “let the buyer beware.” A lien is an interest in a parcel of real estate that secures payment of a loan or other type of debt. A mortgage is a common example. If the debtor defaults, the lien holder may take steps to seize the property or to force a sale. In some cases, the lien holder takes no action and the lien persists until the owner attempts to sell the property, which is when trouble ensues. The Law Office of Tania Sayegh Bartolini, P.A. performs thorough searches to uncover liens and other encumbrances and takes decisive steps to cure problems that can derail real estate transactions.

Types of property liens in Florida

There are numerous reasons why a lien might be put on a piece of property. Five common types are:

  • Mortgages —Homes and other properties are frequently refinanced, and second mortgages and home equity loans can create multiple liens that must be satisfied prior to closing a sale.
  • Tax liens — Federal, state or local government agencies can put liens on properties for owners’ failure to pay taxes.
  • Construction liens — A contractor who has worked on a property but was not paid in full can go to court and cause a lien to be placed
  • Judgment liens — Lawsuits for unpaid credit card debt, for negligence resulting in personal injury or for unpaid medical bills can result in judgments. The plaintiff can enforce that judgment by placing a lien on real property owned by the defendant.
  • Unpaid child support —A lien on real property is one of several enforcement options courts can impose for collecting unpaid child support.

As an experienced real estate firm, we know how to do an exhaustive search for liens against real estate. If you are preparing to buy, we will act with due diligence and deliver reliable results.

Steps you can take to address a hidden property lien

Before you purchase a property, you should retain a capable, proven real estate lawyer to give you a title commitment and you should purchase title insurance and mortgage insurance that protects against undisclosed liens. A seller’s failure to disclose a lien may allow you to void the transaction, but getting back your down payment could require a protracted fight. I take preventive action to protect my clients from deals that may leave them out of pocket due to a seller’s withholding of information.

Contact a Broward County attorney knowledgeable on property lien issues

The Law Office of Tania Sayegh Bartolini, P.A. provides reliable legal services to help parties to real estate transaction deal with property liens in Broward County and throughout Florida. To schedule a consultation, call 954-603-1865 or contact us online today.

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  • Fort Lauderdale Office
    3511 West Commercial Blvd
    Suite 304
    Fort Lauderdale, Florida 33309
    Phone: 954-368-4050
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