I Have a Lien on a Property That Was Just Quit Claimed

[MetalMan390]

My question involves real estate located in the State of: Florida

I have a judgment against my former landlord for not returning my security deposit. The total owed to me is now over $1000. I have a lien on 4 of her properties, and yes they were properly record with the county and I filed the judgment with the state of Florida. I just checked the clerk of the court and noticed she quit claimed this property to someone else. So now, she doesn't own this property and I never got my money when the property changed hands. I have rerecorded my claim of lien once a year (as advised by a woman in the recording room who worked for a title company). So, what was the point of putting a lien on these properties if she can just quit claim it to someone else without having to settle the judgment to clear the lien? Am I missing something or am I just not going to be able to recover the money from her with the lien at all?

- - - Updated - - -

I meant to say she quit claimed ONE of the properties to someone else, I wasn't able to edit my mistake in time.

[flyingron]

Sure she just gave up ownership. Your lien is still there. If whoever is now the owner wants to clear the lien in order to sell or whatever, they'll need to pay you.

[MetalMan390]

Thanks for the reply I though the point of the lien was that the property couldn't change hands without the lien being settled first. Can they just keep quit claiming the property to someone else without ever paying the lien? Doesn't everyone use a title company... wouldn't the title company point this out to the buyer?

Should I contact the new owner and let them know about the lien? I'm sure the buyer will go after the seller for not disclosing the lien, right?

[flyingron]

You were wrong. A grantee can take the property subject to the existing liens. The practical matter is if the property is SOLD, a buyer usually will not accept subject to liens, so all the encumbrances need to be dealt with at or prior to closing.

I suspect that no money changed hands in this transaction. As stated, most buyers wouldn't buy a house with unsatisfied liens. No bank will typically finance such. A title search would trivially find such.

[MetalMan390]

Thank you again for the reply. DO you think it's a good idea to write a letter to the buyer and let them know about the lien, or is that even worth my time?

[MetalMan390]

Anyone? How would you proceed with this?

[MetalMan390]

Can anyone suggest another forum where I might be able to find my answer?

[Mr. Knowitall]

How would you proceed on what?

If you have a legal basis to foreclose on the lien, you can consider exercising that option. If you don't, then you don't.

[MetalMan390]

How would you proceed on what?

If you have a legal basis to foreclose on the lien, you can consider exercising that option. If you don't, then you don't.

DO you think it's a good idea to write a letter to the buyer and let them know about the lien, or is that even worth my time?

How would I know if I have legal basis to foreclose on the lien??? I don't know much about this stuff which is why I am on this forum asking you guys.

When I first obtained the judgment in 2008, the landlord was head of the household and therefore exempt from wage/bank account garnishment (Florida law if I am not mistaken). Her vehicle was too old to be worth having the sheriff seize, so I was out of options and was hoping she'd sell the property. But now it looks like she's just going to quitclaim them to her relatives or something. She still owns 3 of the original 4 properties in which I have liens on, but I am pretty sure she's still head of the household and I don't know what she is driving these days as I live 1200 miles away now. I don't see how I can collect on my judgment or lien from her, but now that one of her properties has been quitclaimed to another person (who is living in her house according to the county clerk where the quitclaim was recorded), I was hoping to put some pressure on this person and see what can be done to get my money. I just don't know how to go about doing this... should I send her a letter telling her about the lien? If you were in my shoes, what would you do?

[jk]

should I send her a letter telling her about the lien?

You can but it won't do any good. A quit claim transfers all the rights the grantor holds to the grantee with no promise they actually hold any rights. It's like an as is sale basically. Since your lien was recorded, the obligation to check the status of title was on the purchaser. Presumably they either know about the lien or didn't care enough to do a title search.

Now, if the current owner ever wishes to sell utilizing a general warranty deed, they will have to either disclose the lien or pay it the underlying debt. Even with that, the buyer can accept the property subject to the lien.


What you need to look into is any right you may have to foreclose on the property to recover your money. Offhand I do not know what is available and have not attempted to research it.