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FLACORPLAWYER
FLACORPLAWYER, Attorney
Category: Legal
Satisfied Customers: 4633
Experience:  23 Years as attorney, licensed NY and FL. Former US ATTY.
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i have a claim of lien filed against me in hillsborough county,

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i have a claim of lien filed against me in hillsborough county, florida, recorded in July 2002. this is for $250 in past due homeowners association dues. since the filing, the house was foreclosed on by the mortgage company and i had also filed bankruptcy (discharged 9/03). the house has been bought and sold twice since then. is this lien still enforceable? if not, how do i get it released? i'm getting to close on a new home and don't want to jeopardize that. thank you so much for your assistance!

FLACORPLAWYER :

What the "lien" is now really is a filed judgment against you in the county. If the creditor was named in the bankruptcy, they must provide a satisfaction of judgment for you and file it in the county clerk's office. If it was not listed as a creditor in the bankruptcy, it has to be paid in full with interest if applicable prior to your closing on the new house, or the title company is going to hold off the closing.

Customer:

so this lien stays in effect until satisfied even though it's been so long ago? if the closing goes through without the lien being satisfied, can they place a lien on my new home?

FLACORPLAWYER :

A judgment becomes a lien on any property that you own in the county. A judgment lasts for 10 years and can be renewed for another 10 years. I would be surprised if this does not show up at the closing.

Customer:

i've been working on this house deal for a year now (short sale) and nothing has come up yet so if the closing does go through, can they place a lien on my home?

Customer:

in fact, the clerk's office recently disbursed surplus funds from the sale of the house to my ex-husband and i. i would think those funds shouldn't have been released with the lien in place(?)

FLACORPLAWYER :

You are correct. This claim of lien is not appearing on the public records or the title company would have paid it off from the proceeds. The foreclosure may have wiped out the lein or it may have been paid by the bank after the foreclosure was filed. I don't know why this is the case but I believe if it was not picked up at the last closing it will not be picked up at the next one. If it is truly just a lien and not a judgment it will not attach to your new home.

Customer:

i don't see a copy of any judgment but i do see a copy of the claim of lien on the offficial records county clerk's website. should i contact the county clerk's office first to find out if the lien has been satisfied, or the attorney that filed the lien?

FLACORPLAWYER :

No. If the lien is filed against the old residence, you are home free. If it is not a judgment filed against your name in the county, you are home free.

Customer:

You are great! Thank you so much for your help!

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