What Is a Lien?

Short answer

A lien is a legal claim recorded against a property that secures a debt, so the property can't be sold or refinanced with clear title until the lien is paid or released. Your mortgage is the most common lien, but in South Florida condo and HOA associations and cities also record liens, and under Florida law a new owner can be jointly liable for a prior owner's unpaid association assessments (as of November 2026).

Definition

A recorded legal claim on real estate that secures payment of a debt. It stays with the property, not just the person, until it is paid off or released.

Worked example

Example only: a buyer is under contract on a Miami-Dade condo. The estoppel certificate shows the seller owes $3,200 in past-due assessments, and the municipal lien search shows an $8,500 code-enforcement lien for work done without a permit. At closing, the title company pays both from the seller's proceeds and records the releases, so the buyer's lender can take first position on clean title. If those items were missed, the buyer could be on the hook: Florida Statutes 718.116 makes a new condo owner jointly and severally liable with the prior owner for assessments due before the transfer.

Common types of liens

• Mortgage lien: your loan is secured by a recorded mortgage. A HELOC or second mortgage is a second lien behind it.
• Condo association lien: under F.S. 718.116, as to a first mortgage of record, the lien is effective only once a claim of lien is recorded, and it expires 1 year after recording unless the association files suit to enforce it (as of November 2026).
• HOA lien: F.S. 720.3085 works similarly for homeowners' associations. If an owner records a notice contesting the lien, the association has 90 days to sue or the lien is void.
• Code-enforcement lien: a city or county records it for violations such as work without a permit or unsafe structures.
• Tax, judgment and contractor liens can also attach to a property.

Municipal lien search in Miami-Dade

As of November 2026, Miami-Dade County's lien section charges $320.12 per property for violations research in unincorporated areas (10 to 20 business days) and $80.03 per folio for a code-enforcement lien payoff letter. Cities run their own searches: Doral, for example, charges $150 per address and quotes up to 3 business days. That is why your title search and title insurance matter, and why condo buyers should also read the estoppel certificate.

In South Florida

Miami-Dade has a lot of older condo stock and many separate cities, each with its own code-enforcement records. A title search of the county's recorded documents may not show open violations that have not become recorded liens yet, so in South Florida the title company usually orders a separate municipal lien search for each city and the county.