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When facing a lien foreclosure claim, it’s crucial to know your defenses. While the situation may seem daunting, understanding the practical defenses available can be empowering. Here’s a detailed look at some defenses recognized by Florida courts: Application of Payments Disputes often arise over how payments are applied. Associations have statutory guidelines prioritizing payments first…

Are you considering purchasing property within a community association in Florida? If so, you might encounter an essential document known as the estoppel letter, or more formally, the estoppel certificate. This blog post aims to demystify this crucial piece of paperwork and explain why it’s indispensable in the real estate transaction process. What is an…

To figure out how much power an association has to record claims of lien against individual units and parcels in a community, you need to look at their governing documents, like the declaration, and see what any applicable statute says. Liens can arise from a variety of circumstances including from special assessments, past due maintenance…

Article X, § 4(a), of the Florida Constitution provides that homestead property “shall be exempt from forced sale under process of any court.” The purpose of a homestead exemption is to prevent creditors from forcing the head of the household to sell the property, not to keep one entitled to possession from realization of it.  However,…

A claim of lien is a public record that serves as notification to the world about a lien claim. It’s not an action to enforce the lien nor does it establish its existence. Nevertheless, recording a claim of lien is a legal requirement before acquiring a construction lien. Who can Record a Claim of Lien?…

The term “partition” means dividing up something that’s shared between people. It applies to things like joint tenancies and tenancies in common. If you own land with someone else, and you both want to split it up, you can ask a court to help you do that.  The goal of a partition action is to make…

According to Florida’s construction lien law, a contractor is obligated to provide a homeowner with a final contractor’s affidavit.  The consequence of failure to provide the affidavit is severe.  Simply, a contractor cannot assert a lien or initiate legal action against the owner under the contract if they fail to provide the final payment affidavit. Moreover, failure…

The overwhelming percentage of real estate partition actions occur between natural people who jointly own property, but partitions are not limited to solely this class of people.  Florida law allows partition actions in a variety of circumstances, including between trustees and beneficiaries, partnerships and corporations. Partition Actions Involving Trustees and Beneficiaries Unless otherwise provided in the…

In Florida, the family home is protected by the state constitution and homesteaded property of a deceased family member is automatically inherited by the family at the time death, regardless of whether the loved one had a will or not. Just like it would have been during their lifetime, the home is shielded from claims…

What is partition? Partition is a court ordered process for determining the interests of co-owners of real property. If the property cannot be divided, it is sold, and the proceeds are shared among the owners. Any one or more joint tenants, tenants in common, or coparceners can file a complaint for partition against their cotenants,…