Title searches are a key part of due diligence when buying a home. Sellers should confirm that the property has a clear title before attempting to sell because most lenders will not finance a purchase without one. If the property has a lien against it, the transaction will often be delayed until it is cleared. A property law attorney at Jacqueline A. Salcines, P.A. could conduct a title search to ensure the property is free of liens. If there are any issues, a Miami real estate liens lawyer could assist in removing them to facilitate a smooth transaction.
Liens indicate an outstanding debt or obligation that the filing party wants cleared when the property is sold. Sometimes, people are unaware of a lien against their property until they try to sell. Real estate liens complicate the purchase or sale of a property and can even delay refinancing. Working with a Miami lawyer skilled in resolving real estate liens could ensure your transaction goes smoothly and efficiently.
The state allows different types of liens to be placed against real property. Removing them will depend on the type. A dedicated lawyer at Jacqueline A. Salcines, P.A. could help explain the various types of liens and recommend strategies to clear them.
Mortgages are technically liens because the lender secures the loan by using the property as collateral, and the mortgage company does not resolve the lien until the final payment is made. When a homeowner sells their property, the mortgage company receives the loan balance and releases the lien. Since the process has become routine, many people do not view a mortgage as a lien.
In the construction industry, contractors can place a lien on the property for unpaid services or labor. These liens are often filed when there is a dispute regarding the work or the costs involved.
Contractors have 90 days from the last day of work to file a lien. They must also notify the customer in writing of the lien. If the property owner refuses to pay the debt, the contractor can foreclose the property. However, there is a defined legal process for handling mechanic’s liens, which a real estate lawyer in Miami could help navigate.
These liens are not recorded in county records. They include unpaid utility bills, code violations, special assessments, and outstanding city services bills. It is important to note that a standard title search may not reveal unrecorded liens.
The county can place a lien against a property for unpaid property taxes. Because property taxes are attached to the property, a new owner is responsible for paying the unpaid taxes.
Creditors may sue the debtor to recover a personal debt. If they are successful, the judgment lien is placed on any property the debtor owns. To clear the title, the debt must be paid.
Like unpaid taxes, unpaid Homeowners’ Associations (HOA) fees are tied to the property. If they are unpaid at closing, the new owner becomes responsible for clearing the debt.
The IRS can file a lien against the assets of anyone with unpaid federal income taxes. The taxes must be paid to clear the property title.
A meticulous attorney could determine what type of lien is affecting your property and help you clear it.
Before investing in property, consult a Miami real estate liens lawyer to protect your purchase. If you are selling, an experienced liens attorney could perform an in-depth title search to ensure a clear title. With a comprehensive title search, there should be no delays at closing and no surprises after purchasing. Don’t go it alone – get in touch with our team today.
Jacqueline A. Salcines
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