How do I put a lien on a house in FL?

Question

I am owed a lump sum of money upon the sale of a few properties in FL; however, unless I have a lien on them there is no way to enforce it unless I can catch the sale in the process or go after the money after the sale. Does anyone know the process in Lake Co. FL?

thought I'd ask again since some idiot told me that there are no lions in FL. There are a lot of brain damaged people out there.

Answer 1

Do you have a WRITTEN contract signed by you and the person who owes you money, fully acknowledging that if they failed to pay the debt, a lien can be placed on the property?

If you don't, the clerk of court will not permit you to file a lien.

A written contract stating such is what is required.

Now, Plan B:  You can sue them and if you get a judgment you can ASK the judge if it can be placed on the property..but judges are very, very reluctant to do so.

Answer 2

Don't depend on Answers for such an important issue. Ask a lawyer.

Answer 3

In my opinion if we are talking something other then a mechanical lien, you will have to sue to get a judgment then you can attach that judgment to bank accounts or property, and despite the above poster giving legal advice on what a judge will and will not do, a lawyer in your area will tell you a judge has no discretion whether to attach a valid judgment to a property held by the person who the judgment is issued against assuming state law allows such attachment

Remember consult with a lawyer in your area, and never take legal advice from non-lawyers esp. a real estate agent, to wit in many states it’s a felony to give legal advice if you are not licensed within that state

upon that info you need to file civil action then once you get the judgment attach to any assets they have

Answer 4

What is your basis for the lien?  Did you take back a mortgage or deed of trust when you sold the property?  If you didn't then you have no basis for a lien that way.  Or did you do work on the property that you were not paid for?  IF so, does your contract provide for a mechanic's lien?  IF not, then you have no basis there either.

Your additional details appear to indicate that you didn't execute a mortgage or deed of trust when you sold the property.  It's not likely that you'll be able to do so after the fact.  You might be able to use the agreement to sue for the balance owed and if you get a judgment you can use that to slap a lien on the property IF State law allows you to do so.  Some states provide substantial protections for property owners particularly if the property is a homestead and may not allow a judgment for an unsecured debt to attach to the homestead.  I don't know if FL offers that kind of protection (TX does) but if it does, you're probably SOL on collecting on the debt via a lien on the property.

You really need to consult with a local real estate attorney on this.  Nobody here can give you legal advice, not even a licensed attorney since they don't have access to all of the facts and documents in question.

Whenever you sell property that isn't paid for in full, at least 4 documents are prepared to protect your interests.  A purchase and sale agreement that outlines the terms of the sale, a deed to transfer title to the new owner, a note outlining the terms under which you will be paid (monthly payments, interest, etc.) and either a mortgage or deed of trust to secure the note with the property in question (or some other property or security interest as provided by the buyer.)  Any title company or real estate attorney handling the closing would do that as a matter of course and if your seller's instructions didn't outline that they'd probably stop the closing until you were clear on the terms.  Did you do this sale without professional assistance?  It kind of sounds like that from here!

Edit:  As I said above, you NEED to discuss this with your ATTORNEY!