Tag Archives: lien search

Premier Lien Research Rolls Out New Services!

This month, Premier Lien Research, LLC began offering new services in addition to the services that serve as its foundation- Municipal Lien Searches and Estoppel Information Research. Now, PLR proudly adds Judgment Lien Search & Construction Lien Services as well as Mobile Notary Services to its lineup of demanded services.

About Judgment Liens
A Florida judgment (or Florida domesticated judgment) can operate as a lien on non-exempt FL real estate owned by a judgment debtor. According to Fla. Stat. § 55.10, a judgment becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of that county and operates as a lien for an initial period of 10 years from the date of the recording; and the judgment creditor may extend the 10 year period by complying with Fla. Stat. § 55.10(2).

Florida Judgment Search includes*:

  • Search of up to two (2) search terms/names,
  • Search of one (1) Florida county Official Records for judgment liens and satisfactions of lien,
  • Search of one (1) Florida county Official Records for construction liens/claims of lien** and satisfactions of lien,
  • Search of one (1) Florida county Clerk of Court Civil Records (hard costs may apply depending on the county searched),
  • Search of Florida Dept. of Corporations Judgment Lien List

**Construction Lien Services

In the event that a recorded construction claim of lien is found with no corresponding satisfaction of lien, we encourage our clients to seek legal counsel to assess the validity of said claim of lien pursuant to Fla. Stat. 713. If a valid claim of lien exists, we are happy to work towards concluding the matter. Our construction lien services include:

  • Contacting the purported lienor with a Demand For Sworn Statement of Account;
  • If payoff is made by debtor, obtaining a release of lien and properly recording it;
  • If the claim of lien is contested, we will file and serve a Notice of Contest of Lien, which then forces the purported lienor to file his lawsuit within 60 days, instead of the statutory 1 year period;
  • If requested, refer you to legal counsel specializing in lien litigation to handle your specific matter.

For more information about PLR’s Judgment Lien Search & Construction Lien Services, click here.

For more information about PLR’s Mobile Notary Services, click here.

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Filed under Lien Laws

Monster Unrecorded Lien of $519,500 Found on Beachfront Property

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Moving to Florida and buying a waterfront condo is the American Dream for plenty of folks (especially those in snow-storm prone areas). Imagine that you finally found the perfect condo- it was a hop, skip and a jump from the Atlantic Ocean and the Intercoastal, had beach access, and would make all your dreams of living in South Florida a reality.

Your closing date is approaching when you receive a nightmare call from your title company/real estate attorney/selling agent- they recently hired a research company to conduct a municipal lien search on the property and the results just came back : there is an outstanding lien in the amount of $519,500.

This was the recent case for a property being sold in Sunny Isles Beach, FL. According to the City:

A Warning Notice of Violation was issued on March 5, 2009 in the amount of $500 per day to wit: violation of 8-1 FBC 1-5.1: Failure of owner or contractor to obtain a permit…A Special Master’s Order found the violator guilty and imposed a lien for continuing penalties effective June 3, 2009…

Total outstanding lien amount for said non-corrected violation is $519,500.

Like most municipalities, the City of Sunny Isles Beach imposes penalties for code violations that go uncorrected. The local ordinances (S.I.B. Code of Ordinances §14-13) and Florida Statutes Chapter 162 provide that these penalties become liens that run with the property, which means that the property can change owners but the new owners would be responsible for the lien amount.

Here, the proposed buyer would have bought the condo and unknowingly, assumed responsibility for the $519,500 lien. Luckily, a municipal lien search was conducted and the proposed buyer was empowered to make a decision how to proceed with the transaction. Make sure a lien search is conducted before you close on a property!! One reputable company that searches the entire state of Florida is Premier Lien Research, LLC.

If you were in this situation, what would you do? Walk away from the transaction? Negotiate with the seller to pay off the lien amount pre-closing? Proceed with the purchase (heck, it’s a waterfront condo!)

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Filed under Buyers, Florida Real estate, Investors, Nightmare situations