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Posted: Tue May 30, 2006 11:45 am Subject: Lien question in FL?

I have a question about a debt collector imposing a lien on a paid for home. My mother recently had a judgement from Carmel Financial. It does not say anywhere in the judgement about a lien, but apparently they threatened to do so. Can they at a later dated place a lien on her home? She is trying to sell her property and is unsure if they have placed one all ready or if they are going to. She is afraid to find out fearing they will make her pay and that she will not be able to sell. We live in FL and all I could find on the subject was that they cannot take your home under homestead exe,ption, but could place a lien for remodeling, purchases, etc. I was a bit confused. Does that mean they can place a lien on it if the original debt was for improvement of the home. This was for a rainsoft system that never worked properly and which they tried to get the company to takr back, but said company refused saying that my mother owed them. What can she do now? Thanks.

Posted: Tue May 30, 2006 12:33 pm Subject:

Hi krazykoot

Liens can be placed on the property provided it has been mentioned in the contract with the original company. In general, you won't lose the real estate; rather the title will get impeded by having additional liens. Your foremost concern should be to clear the debt prior to sale or transfer by some other means like a will. You can also try a free consultation with the real estate attorney for more detailed information.

Posted: Tue May 30, 2006 12:37 pm Subject:

I will like to add for the information of the homeowners to check how their property is titled. Everyone should be informed about the laws of the resident state concerning such matters. For example, there is a difference in "tenancy by entirety" when it comes for real property and community property state.