WilliamB13 (Florida)
Posts: 14
Posts: 14
Posted:
Do liens have to be refiled every year ?
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Liens
Started by WilliamB13 • 10 replies • 2160 views
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MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
Some states offer different type of liens. There are liens called "Super liens" that supercede in foreclosure/short sale situations. Then there are the normal most often used liens. They get paid off when the owner sells the property. A lien typcally also includes the legal fees paid when filing/holding the lien against an owner. They typically also acrue. Which may cause the confusion with filing every year. It may need updated every year to reflect that year's owed amount.
I am no expert. It's always best to periodically check on a lien's status and your local newspaper under the "Legal" section in the classifieds. That will be the area where you will see if the house is in foreclosure or when the lien is filed. You have to be quick as these type announcements don't run but for a few days before the process finishes. I've found a house that owed us money that the bank was foreclosing on. Was able to contact them and make sure they were aware of the lien filed. Saved us as there might not have been a lien on file after all.
I am no expert. It's always best to periodically check on a lien's status and your local newspaper under the "Legal" section in the classifieds. That will be the area where you will see if the house is in foreclosure or when the lien is filed. You have to be quick as these type announcements don't run but for a few days before the process finishes. I've found a house that owed us money that the bank was foreclosing on. Was able to contact them and make sure they were aware of the lien filed. Saved us as there might not have been a lien on file after all.
Former HOA President
RogerB (Colorado)
Posts: 5,067
Posts: 5,067
Posted:
Quote:
Posted By WilliamB13 on 09/24/2011 7:52 PM
Do liens have to be refiled every year ?
Do liens have to be refiled every year ?
The short anser is No.
Currently we have liens which were filed over two years ago and are releasing liens which are over 2 years old. This month we received a request from a homeowner to release a lien filed by an HOA in 2005. We took over management in 2007 and had no information on the lien. Upon reciept of a copy of the Notice of Lien we filed the Release of Lien. They had not had a delinquent account for over 3 years.
PetunkaM (Florida)
Posts: 1,009
Posts: 1,009
Posted:
William, this is one issue I would not attempt to address here. Perhaps someone in your county courthouse, clerk’s office, could help you out?
LawrenceC1 (Georgia)
Posts: 480
Posts: 480
Posted:
William,
This is an issue easily answered by Florida law. In section 55.10 of the Florida statutes it says that judgment liens on real property are good for 10 years with an option to renew at the end of that time.
This is an issue easily answered by Florida law. In section 55.10 of the Florida statutes it says that judgment liens on real property are good for 10 years with an option to renew at the end of that time.
PetunkaM (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Quote:
Posted By LawrenceC1 on 09/25/2011 6:57 PM
William,
This is an issue easily answered by Florida law. In section 55.10 of the Florida statutes it says that judgment liens on real property are good for 10 years with an option to renew at the end of that time.
William,
This is an issue easily answered by Florida law. In section 55.10 of the Florida statutes it says that judgment liens on real property are good for 10 years with an option to renew at the end of that time.
If I am not mistaken 55.10 is on JUDGEMENTS.
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
There are baically 2 types of judgements. A court issued judgement after a lawsuit and a lien. The court judgement does have an expiration date. Our state I believe it is 7 years and then has to be renewed up to 15 years after that. A lien stays on a piece of property until the amount owed is paid. There are different types of liens.
This is why I advise HOA's NOT to sue a member. A court judgement won in court does NOT equal money. The member can simply sell their property and leave without paying. With HOA's changing board system, who's going to remember 5 - 7 years from now to renew/pursue that court judgement? Yes, there is the garnish wages and other forms of collections on unpaid court judgements. However, who is going to actively pursue those options and how would the HOA get the information such as Social Security # or place of employment? Those 2 items are NOT required by most HOA's...
A lien is the most adviceable way to pursue money owed the HOA. It is an extremely SLOW process, but when it does work...it works. Plus it's alot less money and legal costs can be included in it.
This is why I advise HOA's NOT to sue a member. A court judgement won in court does NOT equal money. The member can simply sell their property and leave without paying. With HOA's changing board system, who's going to remember 5 - 7 years from now to renew/pursue that court judgement? Yes, there is the garnish wages and other forms of collections on unpaid court judgements. However, who is going to actively pursue those options and how would the HOA get the information such as Social Security # or place of employment? Those 2 items are NOT required by most HOA's...
A lien is the most adviceable way to pursue money owed the HOA. It is an extremely SLOW process, but when it does work...it works. Plus it's alot less money and legal costs can be included in it.
Former HOA President
MelissaP1 (Alabama)
Posts: 13,836
Posts: 13,836
Posted:
I meant to say that a Lien is a judgement too...Just got off night shift...ughh...
Former HOA President
PetunkaM (Florida)
Posts: 1,009
Posts: 1,009
Posted:
Melissa, yes.
Judgment – is a court order- and it is quite serious because it is made against the person. It comes first. It is followed by a lien which can be against a person’s personal property, wages, bank accounts or real property. In Florida, Judgment should/ must be filed with the Secretary of state.
A lien is just a document preventing the property sale. And, it is only recorded in the county where the deed is recorded.
In other words, judgment is made against the person whereas the lien is made against the property.
Personally, I do not think OP asked about judgment lien.
Judgment – is a court order- and it is quite serious because it is made against the person. It comes first. It is followed by a lien which can be against a person’s personal property, wages, bank accounts or real property. In Florida, Judgment should/ must be filed with the Secretary of state.
A lien is just a document preventing the property sale. And, it is only recorded in the county where the deed is recorded.
In other words, judgment is made against the person whereas the lien is made against the property.
Personally, I do not think OP asked about judgment lien.
LawrenceC1 (Georgia)
Posts: 480
Posts: 480
Posted:
Standard caveats apply. I am not a lawyer and you cannot rely on advice from this site.
Liens in Florida that are not a result of a judgment, but are simply filed by an HOA for non-payment of assessments, are governed by Florida statute 720.3085. These liens must be foreclosed within 5 years or they expire. There is no renewal necessary. (Note: a condominium has different requirements in Florida and must foreclose within 1 year.)
Liens in Florida that are not a result of a judgment, but are simply filed by an HOA for non-payment of assessments, are governed by Florida statute 720.3085. These liens must be foreclosed within 5 years or they expire. There is no renewal necessary. (Note: a condominium has different requirements in Florida and must foreclose within 1 year.)
SteveG4 (Texas)
Posts: 6
Posts: 6
Posted:
in texas, the lien does expire. if the lien is not satisfied, you should update it annually with the new charges, which will prevent expiration. the lien also serves as a mark on the title, and should the property owner sell, any competent title company will find the lien and require it to be satisfied. any resale cert should also reflect any lien and past-due amount as well.
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