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

23 Apr 2021

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, all parties involved in the deal need to ensure the property is ready to be legally sold. At this phase, one of the most important steps is to find any liens attached to the property before the closing process.

 

The existence of liens attached to a property can affect the legality of the sale. In this article, you will discover what a property lien is and how you can find the liens on a property in Florida. 

 

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 obtain access to the said asset if its owner does not pay his debts. 

 

To attach a lien to a certain property, a creditor must file a petition through a county records office or state agency and receive approval to place a lien on the property. It is worth noticing that each jurisdiction has distinct rules and regulations that govern property liens. 

 

Commonly, attaching a lien to a property is the first step creditors take to seize it from the debtor. Hence, debtors must be aware of any notification associated with property liens before it is too late to defend against it.  

 

Property Lien Search in Florida – Why is It Crucial in 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 lien attached to the property. 

 

In this sense, creditors utilize liens as a way to guarantee they eventually will get their money back. In Florida, the ideal approach is that sellers must be aware of the existence of liens attached to their properties before the sale process is started. 

 

Regardless of the situation, any liens must be satisfied before a property is put to sale. However, there are many situations in which a lien may be attached to the property without the seller being aware of it. 

 

It is worth noticing that any undisclosed property lien can delay the closing process, or even preclude a real estate transaction completely. 

 

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 made on public records to determine and confirm the legal ownership of a property. 

 

During the title search, the title examiner will find out if there are any liens attached to a property, which include 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 Make a Title Search in Florida? 

 

Even though a buyer/seller involved in a real estate transaction in Florida could work their way through a title search, the best approach is still working with an expert title company.

 

A title company will have exclusive access to a title plant, which is a certified record database with all real property-related information in the past 30 years or more. 

 

Consequently, an experienced title expert will access a higher level of certified data to confirm a property’s history in-depth and ensure there are no encumbrances or undisclosed liens that may affect a future real estate transaction. 

 

Plus, depending on the type of property lien found during the title search, you may have to deal with further legal complexities. In this sense, an expert title company in Florida will surely provide the guidance of legal experts to tailor a strategy to solve the problem.

 

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

 

At Marina Title, we provide all types of title and escrow services within a single company to ensure a streamlined experience for our customers. 

 

Before proceeding with any real estate transaction in Florida, it is crucial to satisfy any liens against it. Our team has seasoned title experts, including skilled real estate attorneys, that will provide you the much-needed help to solve any lien-related problems.  

 

Call us today at (305) 901-5628 or email us at Romy@MarinaTitle.com to schedule a consultation.

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