South Florida Firm Provides Comprehensive Counsel on Property Liens
Experienced Miami attorneys advise clients on all types of title issues
Even though someone wins a legal judgment or has performed work on a property, that does not necessarily mean that they will receive the payment they are entitled to. In certain cases, judgment creditors and contractors will seek to obtain their funds by attaching a lien to property owned by the debtor. If you purchase real estate that has this type of encumbrance on it, the value of your investment could be threatened and you might have problems securing a mortgage or other types of financing. Throughout South Florida, Norma Echarte & Associates works on behalf of clients from this area and around the world on matters involving property liens and other title issues.
Lawyers handle lien cases stemming from judgments and construction claims
Florida law permits creditors to attach a lien against both real estate and personal property owned by a debtor, but the rules surrounding the establishment and enforcement of these encumbrances can be complicated. We provide comprehensive counsel on all types of matters relating to real property liens, including:
- Identifying liens — Before purchasing real estate, it’s essential to determine if the title is clear from any liens. Our firm locates the parcel number that is used by the county where the land is located. Whether it’s Miami-Dade, Broward or somewhere else, we’ll conduct a search to see if the title has ever been infringed by a property lien, and, if so, if a satisfaction of lien was filed.
- Construction liens — Sometimes known as mechanic’s liens, these legal instruments allow contractors and suppliers of materials to maintain a claim on the property until they are fully paid. If a dispute exists regarding the validity of the purported debt, our firm will analyze the situation and help you determine how to proceed.
- Filing and duration — To establish a judgment lien against real property, the judgment must be filed with the recorder of the county where the property is located. The lien can remain attached to the parcel for up to 10 years, even if a new owner takes over the property.
- Homestead exemption — Florida law helps people protect the value of their home from judgment creditors. To qualify for the homestead exemption, you must demonstrate that the property in question serves as your primary residence. In situations where a debtor owns more than one residence, there might be a question about which property falls under the homestead exemption. We can prepare a Notice of Homestead to clear up any confusion.
Even if a property lien isn’t for a large amount, it could cause problems. Regardless of the circumstances in your case, we’ll work diligently to resolve your situation successfully.
Contact a skillful Miami property liens attorney to discuss a real estate lien issue
Located in Miami, Norma Echarte & Associates represents clients in a full range of matters relating to property liens as well as other types of complex real estate matters. To schedule an appointment, please call 305-501-2844 or contact us online to schedule a consultation at our office on Brickell Avenue in Miami.