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Florida state law does not require you to perform a municipal lien search for clients, but some counties do. For example, in Miami-Dade and Broward counties, the standard real estate contract requires the seller to provide a municipal lien search for you, while other counties do not require such a search.
In Florida, the party responsible for handling the cost of title insurance varies from one county to another, and it can often be negotiated in the contract. Typically, the seller will pay for the title insurance in the state of Florida, with the exception of just a few counties.
In Florida, according to Florida Statute 55.10, anyone who properly files a lien can put a lien on your house. The person or entity filing the lien, whether via a judgment, order or decree, must file an affidavit.
Information You Should Know Liens are valid for five years from the original filing date. Florida law allows judgment liens to be filed a second time to extend the lien's validity five more years. (See s. 55.201-55.209, F.S.)
Liens are recorded and indexed using the property owner(s) name and by legal description. If you are inquiring about a specific lien and know the year in which it was recorded, you may contact the Official Records Department at (407) 836-5115.
The cost of a title search in Florida is typically the seller's responsibility and ranges anywhere from $150 to $1500, depending if it's a residential or complex commercial title search and examination.
Who Pays for What? SELLER Costs (for residential contracts)SELLER EXPENSESBUYER EXPENSESMunicipal Lien search (if SELLER'S Box is Checked or the Miami-Dade/Broward Regional Provision is Checked per Article 9)SellerBuyerOwner's Title Policy (if SELLER's Box is Checked per Article 9)SellerBuyer14 more rows
Deed Recording Fee The logic that the seller provides the buyer with a recordable deed, further requires the buyer to pay the cost of recording that deed, because recordation is solely for the benefit of the buyer. Florida recording costs at this time are $10.00 for the first page, and $8.50 for any additional page.
Municipal Lien Searches Client agrees to pay Reliable Lien Search, Inc $145.00 processing fee for all Florida Counties except the Tri-County Area of Broward, Miami-Dade and Palm Beach Counties ($215.00 and up fee applies to Tri-County Area).
You can sell your property with a lien attached as long as the buyer is willing to pay off the lien at closing or the proceeds of the sale satisfy the lien before you receive your portion. Many buyers don't like the thought of buying a property with a lien attached, but you can find cash buyers who won't hesitate.