property lien search in florida

Property Lien Search in Florida: How to Find the Liens on a Property?

In a competitive real estate market like Florida, buying or selling a home is a time-consuming and energy-demanding process. 

To guarantee that the transaction will be settled smoothly, it is imperative that any liens on the property are properly identified and resolved. The existence of liens attached to a property may impact the seller’s ability to provide clear and marketable title to the buyer. In this article, you will discover what a property lien is and how you can find out if a property has liens attached to it. 

What is a Property Lien? – Understanding the Problem 

In essence, a property lien is a legal claim on a real property that permits the lienholder to attach a claim against the real property. 

To attach a lien against a property, a creditor must file a claim or complaint through a county recorder’s office or a local court. Each jurisdiction has distinct rules and regulations that govern property liens. 

Attaching a lien to a property is the first step creditors take in effort to seize it from the debtor (or at least tie up the property so that it cannot be sold without satisfying the debt). Hence, debtors must respond promptly to property liens in an effort to quickly resolve them before the creditor takes further steps to collect on its debt.   

Property Lien Search in Florida – Why is It Crucial for Real Estate Transactions? 

Before selling or refinancing a property in Florida, owners must ensure that the property title is clear. However, no title can be deemed as clear if there is a valid lien attached to the property. 

Creditors utilize liens as a way to guarantee they eventually will get paid on their debt. However, some sellers, are not even aware of the existence of a lien against their property until a title search is conducted.

Regardless of the situation, any liens must be satisfied before a property can be sold. The quicker the title search is conducted, the better, as liens can delay the closing process, or even preclude a closing from taking place. It is imperative to work with an experienced title attorney in these situations as they will know how to best handle the lien issue and resolve it. 

Property Lien Search in Florida – How to Find Out If There Is a Lien Attached to a Property? 

To find out if there is a lien attached to a property in Florida, the best approach is to have a title search done. 

A title search is an in-depth search of the public records to determine and confirm the legal ownership of a property. 

During the search, the title examiner will also research the title to uncover any liens attached to the property including tax liens, mortgage liens, mechanic liens, UCC (Uniform Commercial Code) liens, and judgment liens. 

Other common title defects that may be found during the title search include: 

• Errors in public records 
• Improperly filed documents
• Undisclosed heirs
• Identity concerns
• Incorrect legal description of the property
• Survey and boundary disputes
• Probate issues
• Bankruptcy filings

What is the Best Way to Run a Title Search in Florida? 

Even though a buyer or seller involved in a real estate transaction in Florida can run a basic title search by searching the official records, the best approach is to work with an experienced title company who will run a thorough and comprehensive title search prior to the closing taking place.

A title company will have exclusive access to a title plant, which is a certified record database with all real property-related information for the past 30 years or more. This access to a higher level of certified data is important for analyzing a property’s history in-depth and ensuring that there are no encumbrances or undisclosed liens that may affect a real estate purchase and sale transaction. 

Depending on the type of property lien found during the title search, you may have to deal with further legal complexities. An expert Florida title company will provide the guidance and legal expertise to tailor an effective strategy to resolve the lien issue.

Do You Need To Proceed With a Property Lien Search in Florida? – We Can Help You 

At attorney-owned and operated Marina Title, we provide all types of title and escrow services within a single company to ensure a streamlined experience for our clients. We run title and lien searches for properties throughout the State of Florida. We also provide tailored title insurance solutions to assist our clients with their purchase and sale transactions. Our team of seasoned title experts, include skilled real estate attorneys and legal professionals that will provide you the with the tools to uncover and resolve lien issues.  

Call us today at (305) 901-5628 or email us at [email protected] to schedule a free consultation.