Can False Liens on Property Be Removed? Understanding Slander of Title Cases

Dealing with a false lien on your property can feel like navigating a legal minefield. It’s frustrating, confusing, and can leave you feeling like your hands are tied. You’re not alone—false liens and disputes over property titles are more common than you might think. If you’re in this situation, understanding how to remove a false lien and whether you have a case for slander of title is crucial.

In this blog post, we’ll break down what you need to know about false liens, slander of title, and how to protect your property rights.

What Is a Lien, and How Does It Affect Your Property?

A lien is a legal claim against your property, typically placed by a creditor or contractor to secure payment for a debt. While liens are often legitimate—for example, a contractor might place a lien if they weren’t paid for work done on your property—they can sometimes be filed falsely or improperly.

False liens can:

• Cloud your property title, making it difficult to sell or refinance.
• Create unnecessary financial stress.
• Harm your reputation, especially if the lien appears in public records.

What Is a False Lien?

A false lien occurs when someone files a claim against your property without a valid legal basis. This can happen for various reasons, such as:

• Disputes over payments: A contractor might claim you owe money when the bill was already paid.
• Intentional malice: Someone might file a lien to harass or retaliate against you.
• Clerical errors: Mistakes in paperwork can lead to liens being improperly filed.

Regardless of the reason, false liens can disrupt your life and create legal headaches. Fortunately, Florida law offers remedies to address this issue.

Can You Remove a False Lien From Your Property?

Yes, you can remove a false lien from your property, but the process requires careful legal action. Florida has specific laws to protect property owners from fraudulent or wrongful liens. Here’s how the process typically works:

1. Identify the Lienholder: Start by determining who filed the lien and why. Review the lien notice for details.
2. Challenge the Lien: If the lien is invalid, you can file a lawsuit to remove it. This process, called lien release litigation, is designed to clear your title.
3. File a Notice of Contest: In Florida, you can speed up the process by filing a notice of contest with the court, which requires the lienholder to enforce the lien within 60 days. If they fail to act, the lien is automatically dismissed.
4. Seek Damages if Applicable: If the lien was filed maliciously or without cause, you might have grounds for a slander of title lawsuit.

What Is Slander of Title?

Slander of title occurs when someone falsely claims an interest in your property, leading to financial harm or reputational damage. For example, filing a false lien that prevents you from selling or refinancing your property could be considered slander of title.

To win a slander of title case, you typically need to prove:

• The defendant made a false statement about your property.
• They acted with malice or reckless disregard for the truth.
• The false claim caused you financial harm.

In Florida, courts take slander of title cases seriously, and successful claims can result in compensation for damages, including attorney fees.

Common Questions About False Liens and Slander of Title

How Do I Know if a Lien Is False?

A lien is likely false if the claimant has no legal basis for the debt, such as a contractor claiming payment for unfinished or unauthorized work. Reviewing your records with a qualified attorney can clarify whether the lien is legitimate.

Can a False Lien Be Removed Without Going to Court?

In some cases, yes. If the lienholder filed the lien in error, they might agree to release it voluntarily. However, if they refuse, you may need to file a lawsuit to have it removed.

What Damages Can I Recover in a Slander of Title Case?

Damages can include legal fees, lost profits (if the lien prevented a property sale), and other financial losses caused by the false claim.

Why You Need an Attorney for False Lien Cases

Removing a false lien and pursuing a slander of title case requires legal expertise. Florida’s lien laws are complex, and mistakes can delay the process or even result in further complications. An experienced real estate attorney can:

• Evaluate the lien’s validity.
• File the necessary paperwork to contest or remove the lien.
• Represent you in court if a slander of title lawsuit is needed.

Preventing False Liens in the Future

While some false liens are unavoidable, you can take steps to protect yourself, such as:

• Keeping detailed records of all payments and contracts.
• Requiring lien waivers from contractors before making final payments.
• Regularly monitoring your property title for suspicious activity.

Need Help Removing a False Lien? Contact Us Today

False liens can disrupt your life, but you don’t have to face them alone. At Ayala Law, we specialize in resolving lien disputes and pursuing slander of title claims for Florida property owners. 

If you need help with this, contact one of our attorneys at 305-570-2208. You can also email our attorney Eduardo A. Maura directly at eduardo@ayalalawpa.com.

We at Ayala Law PA are passionate about helping those in legal need, so please don’t hesitate to schedule a case evaluation with us 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].