Different liens on the same property usually have priorities according to the time of their creation. To achieve the subordination of a prior lien, there must be an actual agreement to that effect.
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If the person who owes money has a judgment entered against him or her but has no assets, there still may be some long-term options. A judgment for damages (i.e., a sum of money) can become a lien on non-homestead real property in a county if a certified copy of the judgment is recorded in the clerk's office.
An original judgment lien is valid for 10 years. If the judgment isn't paid by the end of the first 10 years, then the judgment creditor can seek a renewal judgment on the lien that would be valid for another 10 years.
Contractors, laborers, materials suppliers, subcontractors and professionals such as architects, landscape architects, interior designers, engineers or land surveyors all have the right to file a claim of lien for work or materials. Always require a release of lien from anyone who does work on your home.
Subordination agreements are written agreements between lienholders to change the priority of mortgage, judgment, and other liens. Under a subordination agree- ment, the holder of a superior or prior lien agrees to permit a later lienholder's interest to take precedence.
Subordination agreements are used to legally establish the order in which debts are to be repaid in the event of a foreclosure or bankruptcy. In return for the agreement, the lender with the subordinated debt will be compensated in some manner for the additional risk.
To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.
Yes, in the state of Florida you can file a Mechanics lien for nonpayment if you have a direct agreement (whether verbal or written) with the owner of the property.
Filing your own lien in Florida has varying costs. Depending on the supporting documentation and length of your lien paperwork, it can cost as little as $10 for the first page and an additional $8.50 for each additional page. Find your local county recorder to view specific filing fees in each location.
