How to Dispute an Invalid Lien: Steps to Protect Your Property

Finding out there’s a lien on your property can be a gut punch — especially if it’s an invalid lien or a fraudulent lien. A lien can block the sale or refinancing of your home, cloud your title, and cause serious financial headaches. But the good news? You can fight back.

If you’ve discovered an invalid lien, it’s essential to act quickly and strategically. In this blog post, we’ll walk you through the steps to dispute an invalid lien and protect your property rights, so you can move forward with confidence.

What Is a Property Lien?

A lien is a legal claim against your property, often filed by contractors, subcontractors, or creditors, to secure payment for a debt or service. While valid liens are enforceable, some liens are filed improperly, fraudulently, or even by mistake. Understanding the difference is key to protecting yourself.

How Can You Tell if a Lien Is Invalid?

Not all liens are legitimate, and recognizing an invalid lien is the first step in fighting back. A lien may be invalid if:

●      The Debt Has Already Been Paid: If you settled the debt, the lien should be released.

●      Filing Deadlines Were Missed: Florida law has strict timelines for filing liens. A missed deadline can invalidate the claim.

●      Incorrect or Missing Information: Liens must include specific details. Missing or inaccurate information can make the lien unenforceable.

●      Exaggerated or False Claims: If the amount claimed is inflated or unrelated to actual work or services, the lien may be defective.

●      No Proper Notice Was Given: In Florida, contractors must send a “Notice to Owner” within a specific timeframe. Failure to do so can void the lien.

If any of these apply to your situation, you likely have grounds to dispute the lien.

What Are the Steps to Dispute an Invalid Lien?

1. Request Proof of the Debt: The first step is to request detailed documentation from the lienholder. Ask for invoices, contracts, and proof of the services provided. This can help you spot errors or confirm whether the claim is baseless.

2. File a Notice of Contest of Lien: Florida law allows property owners to file a “Notice of Contest of Lien” with the county recorder’s office. This shortens the lienholder’s deadline to file a lawsuit from one year to just 60 days. If they don’t take legal action within that time, the lien is automatically extinguished.

3. Send a Demand Letter: In many cases, a formal demand letter from an attorney can resolve the issue without a lawsuit. The letter outlines why the lien is invalid and demands its voluntary release, potentially saving you time and legal fees.

4. File a Lawsuit to Remove the Lien:If the lienholder refuses to release the invalid lien, filing a lawsuit might be necessary. In Florida, this is called an “action to quiet title.” A judge will review the lien’s validity, and if found invalid, order its removal from your property records.

5. Recover Attorney’s Fees (When Possible): Florida law sometimes allows property owners to recover attorney’s fees if they successfully challenge an invalid lien. This means you might not have to shoulder the full financial burden of protecting your property.

How Long Do You Have to Challenge a Lien in Florida?

Lienholders generally have one year to file a lawsuit enforcing their lien. However, if you file a Notice of Contest, that timeline shrinks to 60 days. Acting fast is key to resolving the issue without dragging it out for months or years.

Should You Hire a Lawyer to Dispute a Lien?

Yes — disputing a lien can be complicated, and even small mistakes can cost you. An experienced real estate litigation attorney can:

●      Review lien documents for errors

●      Communicate with the lienholder on your behalf

●      Draft and file the necessary legal paperwork

●      Represent you in court if litigation is required

At Ayala Law, we’ve helped countless Florida property owners fight invalid liens and protect their investments. We know Florida lien law inside and out — and we’re ready to fight for you.

Take Action to Protect Your Property Today

An invalid lien can be a major obstacle, but you don’t have to face it alone. The sooner you act, the easier it is to resolve the issue and protect your property rights.

If you’re dealing with a questionable lien, contact an experienced attorney in Miami at 305-570-2208.

You can also contact trial attorney Eduardo A. Maura at eduardo@ayalalawpa.com.

Schedule a case evaluation online here.

[The opinions in this blog are not intended to be legal advice. You should consult with an attorney about the particulars of your case].