Can You Sell a House with a Lien on It in Florida?

Selling a home is hard enough. When a lien shows up on the premises, homeowners often worry that a sale will fall through. The reality is you can sell a house that has a lien in Florida. It just takes the right process with the right team to get to that place. As Tampa real estate attorneys, Gilbert Garcia Group assists homeowners with their housing options and is experienced in addressing lien issues. For the sake of your real estate property deals, we work with our affiliated title company, Sapphire Title & Escrow Company to avoid any delays. This guide covers the mechanics of liens, how they impact a sale, and how to sell your own home with an ill-fated mortgage. A lien is a legal claim placed on a property due to an unpaid obligation. In Florida, the sources of liens typically originate from mortgage delinquency, HOA assessments, contractor claims, tax collections, child support, or court rulings. When a lien is entered, it tells buyers and title companies that payment of that debt must take place prior to ownership passing on. Liens can slow things down, but they do not cause an actual sale. They just append a basic step that guarantees the debt is settled. 

Learn more about liens here in our blog post, What Are Liens and Should You Worry About Them?

Florida law permits homeowners to sell property containing a lien as long as the lien is met or otherwise resolved during the sale. You can sell a home with a lien by choosing one of three approaches. Most sellers end up using one of these same options because they are the simplest and most effective ways to clear the lien and move the sale forward. You may pay the lien before listing the property, so you will not have to deal with it in court. This permits presentation of a clean title to potential buyers, boosts buyer confidence, and you can pay the lien if you use the proceeds of your sale as part of this process. Thus, a payout is arranged by the title company, and the bill is paid out on time. You are able to negotiate with the creditor. Part of the solution is to lower payoff amounts or structured settlements under some circumstances. This makes it ideal when the lien amount significantly exceeds the property’s value. The most advantageous option depends on how well off you are, the lien type, and when you want to sell off your property. 

How Gilbert Garcia Group Supports Sellers with Lien Problems

Our highly experienced Tampa Real Estate lien attorneys offer assistance to sellers in deciphering the lien, reviewing the legal details, communicating with creditors, and offering a list of options available in accordance with Florida law. We take the liberty to ensure your rights are secured and that the sale proceeds toward acceptance in a safe and efficient manner. At closing, (Sapphire Title & Escrow Company does the title search, payoff coordination, and lien release documentation. Both teams collaborate well together so you have a seamless and frictionless transaction. 

Why Clear Title Matters For Your Buyer

A clean title is a requirement for almost every real estate sale in Florida. Buyers will want the assurance that they are getting all of the legal ownership, and lenders will deny financing until outstanding, unresolved liens are satisfied. Correctly addressing your lien helps your buyer and protects you from future claims. With proper legal guidance, this process should be no trouble at all. Sell Your Home With Confidence. A lien does not have to stop your real estate plans. With legal consultation and an experienced team familiar with Florida’s requirements, you can sell your property and move forward without any undue stress. Tampa-based Gilbert Garcia Group gets you through the process. Our team is ready to support your next steps, whether that involves reviewing a lien, negotiating a payoff, or ensuring a smooth closing through Sapphire Title & Escrow Company.

Gilbert Garcia Group’s real estate attorneys are based in Tampa. The firm serves clients in the greater Tampa Bay area as well across the State of Florida.