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Answered
Charging Liens

What I am coming across now is Attorney's are filing charging liens for work on the property during the foreclosure. Then they are attaching it to the property and they are doing this late in the foreclosure so the banks cannot amend their complaint to include them. Furthermore they are not attaching a dollar amount to these liens creating uncertainty around the amount owed. Is this common? Legal? What happens if it is discovered that the Attorney is the one bidding on the property giving them an unfair advantage over other bidders by implementing this tactic?

Posted 5 hours ago
  
  
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Answers 3


Thanks for the great answer.. Are you willing to share your Attorney information I probably have a ton of work for him

Posted 5 hours ago
  
  

I’ve seen this in Florida. Attorneys here can and do file charging liens, but by law they’re supposed to be against the recovery in the case (like a judgment or settlement), not directly against the property. When they record them in the county records, it clouds the title even if it’s questionable whether it actually sticks. That’s why you’ll see them pop up in foreclosure cases.

The trick of filing late and not putting a dollar amount is exactly what you said — it makes the title look messy, buyers get spooked, and sometimes the attorney is the one bidding. I’ve watched that play out. It’s shady, but the court auction system won’t stop it on the spot. If you buy the property, you can usually either negotiate it away or get your attorney to challenge it.

In Florida it’s not super common, but it does happen. My rule is:

  • Always pull a fresh title right before bidding.
  • Treat the lien like it’s real when setting your max bid.
  • If I do win, my closing attorney usually gets it knocked out or resolved.

So yeah, it’s legal to file them, but enforceability in Florida is a gray area. And if the same lawyer is filing the lien and bidding, that’s a conflict of interest you could raise in court after the sale.

Posted 5 hours ago
  
  

So to piggyback on the gray area since the whole point of naming the liens on the foreclosure is to make them aware of the action and when the Attorney files a lien within the actual foreclosure it basically means he is aware of the proceeding so he should not be protected by not being name because he was aware of the foreclosure

Posted 4 hours ago
  
  
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3 Answers
5 hours ago
4 hours ago

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