Real Estate
Release of Lien
Florida
Can a release of lien be obtained without paying off the underlying debt?
I purchased a property that had an existing lien on it, and the seller promised to obtain a release of lien before the closing, but now they are refusing to do so unless I pay off the remaining debt, even though the lien was filed against them, not me - I want to know if it is possible to obtain a release of lien without having to pay off the underlying debt.
Answers from 1 Lawyer
Answer
Real Estate
Florida
Jorge G.
ContractsCounsel verified
March 10, 2025
The standard practice is that any lien against the property should be paid off at or before closing. You should also have obtained title insurance, which generally covers liens that were not satisfied. You should have received a copy of your title insurance policy sometime after closing, and the lien coverage (or any exception) should appear on the policy. At this point, you should contact an attorney to review all of your closing documents and advise you on the best course of action.
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