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Liens, Liens, Everywhere a Lien
Thursday, August 9, 2012 from 3:00 PM to 4:00 PM (EDT)
This webinar focuses on commonly occurring liens to real property, including judgment liens, homeowners’ and condominium association liens, federal tax liens, and code enforcement board and municipal liens. Particular attention will be paid to assessing the validity of liens filed in the public records and clearing those liens from the contemplated title insurance policy. The webinar will begin with a discussion of the affect of Florida’s constitutional homestead provisions on the enforceability of various liens on homestead property. A discussion of Florida’s judgment lien law in Chapter 55, Florida Statutes, will follow. Discussion will center on the following: creation of judgment liens, duration and extension of the lien, and priority and satisfaction of the lien, including satisfaction by third parties. Next, the webinar will discuss federal tax liens, including their creation and duration. Special focus will be paid to their applicability to homestead and tenancy by the entireties properties. This is followed by a discussion of homeowners’ and condominium association liens, including their creation and duration. Issues with respect to the priority of such liens will be discussed, including the necessity to consult association documents for special provisions surrounding the priority of such liens to first mortgages. Association joinder requirements in foreclosure actions will also be addressed. The last item will be code enforcement board and municipal liens, including the priority of such liens. The creation and duration of such liens will be discussed, as set forth in Chapter 162, Florida Statutes, in addition to subordination issues in mortgage foreclosure actions with respect to such liens. The recent case, City of Palm Bay v. Wells Fargo Bank, N.A., 57 So. 3d 226 (Fla. 5th DCA 2011) will be discussed, including its elimination of the super-priority of code enforcement liens and its certification to the Florida Supreme Court as a question of great public importance. This Fundinar is approved for continuing education with the Florida Bar, NALA, and Dept of Financial Services.
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