Welcome!




Expand Your Education with These Courses from
A Consumer Advocate Approach to Real Estate: Course 1.
Becoming a Successful Sales Professional: Skills for Sales Success: Part One.
Negotiating Skills: Skills for Sales Success: Part Six.
A Consumer Advocate Approach to Real Estate & Mortgages: Courses 1 & 2.
BPOs: The Agent's Role in the Valuation Process.

Real Estate Q&A: Lien Filed against Wrong Homeowner

Have a comment on this article? Share on Facebook!

By Gary M. Singer

lien_on_home(MCT)—QUESTION: I recently learned that a company mistakenly filed a lien against our home. It’s clear that the company did not even check for accuracy. I contacted the firm, and it released the lien, but without written explanation. My wife and I are concerned that this may cause problems later and hurt our credit scores. Also, we had to spend a lot of time resolving this. Do we have any recourse against the contractor for this mistake?

ANSWER: County clerks will check submissions to the official records for proper formatting, but they don’t have the ability to determine whether the information is accurate. That can result in a lien being recorded against the wrong person.

While the clerks can’t remove erroneous liens from the public records, they will show the documents releasing the liens, and you should demand that the contractor also record an affidavit explaining the error. Because the lien was released, it will not affect your ability to sell the property.

To protect your credit scores, you should file a dispute with the major credit reporting agencies. While it may be possible to sue the contractor for this mess, it will be difficult to prove you have suffered actual monetary damages, a requirement for this type of lawsuit. But if this did actually cost you more than some time and aggravation, you should consult your attorney.

Gary M. Singer is a Florida attorney and board-certified as an expert in real estate law by the Florida Bar.

©2014 Sun Sentinel (Fort Lauderdale, Fla.)
Distributed by MCT Information Services.

Want instant access to great articles like this for your blog or newsletter? Check out our 30-day FREE trial of REsource Licensed Real Estate Content Solutions. Need easy stay-in-touch e-Marketing solutions too? Try Pop-a-Note for 99 cents!
Join RISMedia on Twitter and Facebook to connect with us and share your thoughts on this and other topics.




Leave a Reply

Your email address will not be published. Required fields are marked *

You may use these HTML tags and attributes: <a href="" title=""> <abbr title=""> <acronym title=""> <b> <blockquote cite=""> <cite> <code> <del datetime=""> <em> <i> <q cite=""> <strike> <strong>

Copyright© 2014 RISMedia, The Leader in Real Estate Information Systems and Real Estate News. All Rights Reserved. This material may not be republished without permission from RISMedia.

Content on this website is copyrighted and may not be redistributed without express written permission from RISMedia. Access to RISMedia archives and thousands of articles like this, as well as consumer real estate videos, are available through RISMedia's REsource Licensed Content Solutions. Offering the industry’s most comprehensive and affordable content packages. Click here to learn more! http://resource.rismedia.com

Our Latest News >>