FL-How to file a lien?

Started by EricF • 11 replies • 6915 views

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EricF (Florida)
Posts: 3

Posted:

Small HOA of 62 single family homes in the Tampa Bay suburbs. Self-managed HOA with annual budget of ~18K. No resources to retain legal counsel so Board has to "go it alone"...thus the membership here. Need to file (2) liens for non-payment of 2005/2006 HOA dues. County web sites have no information on process/procedures/cost and can't get the right office on the phone (as you can imagine). Anyone having the Florida/Hillsborough County process available I would be greatly appreciative. Other than this issue, we are doing pretty well managing the community.

BradP (Kansas)
Posts: 2,640

Posted:

I know nothing about the state of Florida, however, in Kansas our liens are filed with our register of deeds. That may give you a starting point to ask them what needs to be submitted to constitute a lien?

RogerB (Colorado)
Posts: 5,067

Posted:

In Colorado I file liens with the Real Property Records in the County Clerk's office. Homeowner is given at least 30 advanced written notice to pay the total balance due a date prior to the lien filing date. This is after sending at least 3 notices of a delinquent account. There are several people from Florida who post on this board who may be able to give you more specific info.

RogerB (Colorado)
Posts: 5,067

Posted:

30 DAYS, sorry I think faster than I type and fail to proof read sometimes.

SwanB (Washington)
Posts: 199

Posted:

In the state of WA, liens are filed with the County Assessors office. A note for you: They will not give you any advice, just forms, etc.

DonnaS (Tennessee)
Posts: 5,671

Posted:

Scott,
If you have a computer, go to Google and ask for Florida State Statutes 720. That will give you the process of filing liens. You can only lien a property for non patment of asessments, not fines.

DonnaS (Tennessee)
Posts: 5,671

Posted:

ERIC, SORRY ABOUT THE NAME MIXUP

EricF (Florida)
Posts: 3

Posted:

Thanks for all the comments. I have the FL720 memorized. What I was trying to get was the actual step by step process here in Hillsborough County, Florida to file a lien...start to finish. Building #, POC, form #, cost, process, procedure, what to wear, where to park, etc.etc.etc. I am sick and tired of the lack of support from our local gov't regarding this. We cannot hire an attorney to do this (we are too small, have no reserves-no $$$) and simply need to do it ourselves and take the necessary procedural notes. The Clerk of Court has not returned/answered any of my specific questions and I know every day someone in the County is filing a lien for non-payment of HOA dues. HOW DO WE DO IT!!!

RogerB (Colorado)
Posts: 5,067

Posted:

Eric, you should be able to call and ask the mailing address to send a notice of lien letter and the cost so you can enclose a check. You could search for examples of notice of lien and release of loan letters which I previously posted. In Colorado the County Cleck's Real Property Records group handles the filing and mails a copy of the filed notice back to me.

Most important, you can wear anything which gets you to the nearest mail box

EricF (Florida)
Posts: 3

Posted:

Well, Actually went to the Clerk of Courts office and discussed the situation. Here is the "gouge".
1. Send Notice to Owner of pending Lien action (45 day notification requirement). We will do in conjuction with sending yet another account deliquency notice via registered mail to each homeowner.
2. Get standard Claim of Lien form from Office Depot, Staples, etc. (Done...$6.95)
3. Go to tax office and get legal description of each property (Done for free).
4. Fill out Claim of Lien form w/notary (after 45 notification perid).
5. Take form to Clerk of Court office and file ($8.00 for first page, $7.50 for each additional...weird).
6. See what happens...presumably start researching foreclosure steps...oh boy.

R/
Eric

DarrellP (Oklahoma)
Posts: 8

Posted:

Our association used to file leins then oklahoma passed a law making title companys get a letter of good standing to close on a house. you might check to see if florida has same law.
also most associactions have a right to charge intrest for back dues.
also when we did file leins the resident had to pay for all fees when lein was released.

PamelaB2 (Missouri)
Posts: 16

Posted:

Since we are looking at a home in Oklahoma that has an HOA I am trying to get educated. This is an old post but I was interested in this :

Quote:

Posted By DarrellP on 07/12/2006 2:34 PM
Our association used to file leins then oklahoma passed a law making title companys get a letter of good standing to close on a house.

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