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Home>Levelset Community>Legal Help>If an intent to lien is sent to a property, and they sell before the lien is submitted, would our lien still be valid?

If an intent to lien is sent to a property, and they sell before the lien is submitted, would our lien still be valid?

FloridaRight to Lien

We are the GC hired by the property owner.

1 reply

Jan 18, 2019
Great question! First, I'll mention zlien has put out some great resources on this topic: (1) What Happens To My Lien Rights If The Property Is Sold, and (2) What Happens If I Filed My Mechanics Lien After the Property Was Sold? But, as a general matter, if a lien claimant has performed work on a property and that property is sold - a lien claim filed after the sale of the property will typically be valid and binding. This is because, rather than an individual or a business, mechanics liens tie directly to the property that was improved. It is worth noting, though, that if an original owner knew that a debt was owed/that a lien filing was imminent and they sold that property without telling the purchaser about it, that owner may certainly be liable to the purchaser for the failure to warn them about an impending lien claim. Further, where the property has changed hands, sending the new owner a Notice of Intent to Lien and notifying them that the prior owner failed to make payment might help put pressure on the original owner to resolve the issue.
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