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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 111666
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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I purchased a home w/ a large fabricated shed in the yard;

Customer Question

I purchased a home w/ a large fabricated shed in the yard; it is on the survey, and did not show up on any title searches as having a lien against it, however while I was away it was repossessed by US Credit who had loaned money to the previous homeowner to purchase the shed. Was this repossession legal, and should they have notified me prior to coming onto my property to remove the shed? What are my legal rights in Florida? Thank you.
Submitted: 3 months ago.
Category: Legal
Expert:  Law Educator, Esq. replied 3 months ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If they had a lien on it and proved the lien they could repossess it. However, there are issues here if the lien was not recorded and with an unrecorded lien and you being a purchaser in good faith you would be entitled to seek to recover the property since they did not have a perfected lien. If you had title insurance, you need to notify them first off, since they checked the liens. Second, if the title company cannot resolve this (as they are supposed to pursue this on your behalf under most title policies) then your next step is to sue both the company that claims the lien AND the seller of the property as they are both liable to you here to either return the shed or reimburse you the cost of the shed.

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