If you are a property owner, chances are there is a lien against your property. Most individuals will know who owns the lien – the bank who financed their house. There may also be a second lien if you have a second mortgage or line of credit against your property. However, did you know that other creditors can also put a lien against your home for non-payment of a debt? A common lien filed is for non-payment of Association Fees or property repairs. Other creditors, such as credit cards, can file a lien against your property when there is non-payment and a judgment filed against you.
In South Florida, each county has a website which is an archive to any and all public records filed in that county since 1970. If you are unsure of where to look to see if a lien has been filed against you, this is the best place to check. For more information, please check the county records in the county where your property is located:
- Miami Dade County: https://www2.miami-dadeclerk.com/public-records/Search.aspx
- Broward County: https://officialrecords.broward.org/oncoreV2/
- Monroe County: https://govapps1.propertyinfo.com/wam3/disclaimer.asp
- Palm Beach County: http://www.mypalmbeachclerk.com/officialrecords/search.aspx
By filing for Chapter 7 Bankruptcy, you may be able to eliminate the lien from your property upon discharge of your case. Although you may include your debt in the bankruptcy, it is important to know that a discharge of the debt does not mean that the lien is automatically removed as well. To remove a lien, you must file a separate motion and hold a hearing during your case. If you find a lien post-discharge, your case may be re-opened to file the motion but only if this debt was originally included in the filling. Please note that any activity performed after your discharge is subject to additional court costs.
It is important to know your options and know which additional debts may be lurking around that you were unaware of. The Law Offices of Alberto H. Hernandez, P.A.can assist you in finding any open liens as well as assist you in filing your Chapter 7 Bankruptcy. For more information, please contact our office at 305-820-0334 for a free consultation with an experienced Miami bankruptcy lawyer.