What Is a Lien and How Does It Affect Selling My Home?
A lien is a legal claim recorded against your property as security for a debt — a mortgage, unpaid taxes, a court judgment, or a contractor’s bill. Because you can’t deliver clear title until every lien is paid or released, liens on your home generally must be paid off at closing out of your sale proceeds.
How a Lien Works
A lien gives a creditor a legal interest in your property until a debt is satisfied. In Florida, most liens are recorded in the official records of the county where the property sits — in Miami, that’s the Miami-Dade Clerk of the Court and Comptroller. Once recorded, a lien attaches to the property itself, not just to you. That means it follows the home through a sale, which is exactly why buyers, lenders, and title companies will not close until every lien is resolved.
Common Liens on Florida Homes
Mortgage liens. The most familiar lien is the one you agreed to: your mortgage. It’s paid off at closing from the sale price, and the lender records a satisfaction.
Property tax liens. Under Florida Statute 197.122, property taxes are a first lien superior to all others, attaching every January 1. Unpaid taxes — and the tax certificates sold on delinquent accounts — must be redeemed before or at closing.
Judgment liens. If someone wins a money judgment against you and records a certified copy of it in the county records, it becomes a lien on your non-exempt real estate there for an initial 10 years, and it can be re-recorded for up to 20 years total (Florida Statutes 55.10 and 55.081).
Construction (mechanic’s) liens. A contractor, subcontractor, or supplier who isn’t paid can record a claim of lien within 90 days of last furnishing labor or materials (Chapter 713, Florida Statutes). A construction lien generally expires one year after recording unless the lienor files suit — and an owner can shorten that window to 60 days by recording a Notice of Contest of Lien.
Association and government liens. HOA and condo associations can lien for unpaid assessments, and cities and counties can impose code enforcement, utility, and other municipal liens.
What Happens When You Sell
Every Florida sale starts with a title search. Any lien it uncovers becomes a title defect the seller must cure. For legitimate liens, the fix is routine: the closing agent obtains payoff or estoppel letters, pays each lienholder from your proceeds at closing, and records satisfactions. Problems arise when the liens exceed your equity, when a lien is disputed, or when an old lien was paid but never released. Options then include negotiating a reduced payoff, transferring a disputed construction lien to a cash or surety bond under Florida Statute 713.24 so the sale can close, or filing an action to remove an invalid cloud on title.
Does Florida’s Homestead Protection Help?
Florida’s Constitution protects your homestead from forced sale by most judgment creditors — but not from mortgages, property taxes, association assessments, or construction liens for work on the home itself. And even where homestead protection applies, a recorded judgment can still cloud your title and slow a closing, so it’s wise to have an attorney address it before you list.
Selling a Home with a Lien in Miami-Dade
Miami-Dade closings deserve extra care. Beyond the recorded liens in the Clerk’s official records, many Miami-Dade municipalities carry unrecorded obligations — open code enforcement cases, expired permits, water and sewer balances — which is why local buyers routinely order a municipal lien search on top of the title search. Arturo R. Alfonso P.A. has handled Miami real estate closings in English and Spanish for over 35 years and can search your title, obtain payoffs, negotiate or bond off disputed liens, and get your sale closed. If you’ve been searching for a real estate attorney near me to help sell a home with a lien on it, we’re ready to help.
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