Sell a House with Liens in Broward County

A lien is a legal claim against your property that must be paid off before — or at — closing. If you're selling a home in Broward County and a title search turns up liens, the sale can stall or collapse entirely. Financed buyers and their lenders won't proceed with unresolved liens, and most retail buyers won't take on that risk.

This guide covers the four most common types of liens in Florida, how lien priority works, how liens are paid at closing, and how cash buyers clear them.

The Four Common Lien Types

1. Tax Liens

If you fall behind on property taxes, the Broward County Tax Collector places a tax certificate on your property. Under Florida Statute 197, the tax certificate is sold at a public auction to a third-party investor, who pays the delinquent taxes and earns interest. If the taxes remain unpaid, the certificate holder can apply for a tax deed sale after two years.

Tax liens have super-priority — they sit ahead of mortgages and most other liens. An unpaid tax lien can result in the loss of the property through a tax deed sale, regardless of mortgage position.

If you're selling, the property taxes must be brought current before or at closing. The title company will calculate the delinquent amount, plus interest and fees, and pay it from your sale proceeds.

2. Mechanics' (Construction) Liens

A mechanics' lien is filed by a contractor, subcontractor, or material supplier who wasn't paid for work on the property. Florida's Construction Lien Law is codified in Florida Statute Chapter 713, one of the most detailed and procedurally complex lien statutes in the country.

Under Chapter 713, a contractor must file a Claim of Lien in the official records of the county where the property is located within 90 days of the last day work was performed. The lien is valid for one year unless the contractor files a lawsuit to foreclose it within that year.

Mechanics' liens are particularly dangerous because they can be filed by subcontractors even if you paid the general contractor in full. If the general contractor didn't pay the subs, the subs can lien your property. Florida law provides some protection through the Notice of Commencement and the Contractor's Final Affidavit, but the rules are strict and deadlines are short.

3. HOA Liens

If your property is in a homeowners association and you fall behind on dues or assessments, the HOA can file a lien. Under Florida Statute 720.3085, the HOA's claim of lien is valid for one year and covers unpaid assessments, late fees, interest, and reasonable attorney's fees.

HOA liens are tricky because of the Safe Harbor provision in Section 720.3085(2)(c). A first mortgagee who forecloses on the property is only liable for the lesser of 12 months of assessments or 1% of the original mortgage — meaning the HOA's lien is often wiped out in a mortgage foreclosure. But for a voluntary sale, the HOA lien must be paid in full at closing.

4. Judgment Liens

If someone sues you and wins, the judgment can become a lien against your real property. Under Florida Statute 55.10, a certified copy of the judgment recorded in the official records becomes a lien on all real property you own in that county. Judgment liens are valid for 10 years and can be renewed for an additional 10 years.

Judgment liens are common in Broward County from credit card lawsuits, medical debt, business disputes, and contractor disputes. They attach to the property and must be satisfied (paid or released) before a clean title can pass.

Lien Priority in Florida

Florida follows the "first in time, first in right" rule for most liens — the lien recorded first has priority. But there are critical exceptions:

1. Property tax liens always have super-priority, regardless of recording date. They jump ahead of everything except federal tax liens under certain circumstances.

2. Construction liens have a special priority rule under Chapter 713. A properly perfected mechanics' lien relates back to the date the Notice of Commencement was recorded — not the date the Claim of Lien was filed. This means a subcontractor's lien can have priority over a mortgage recorded after the Notice of Commencement, even if the lien was filed later.

3. HOA liens for assessments have priority over junior mortgages but are subordinate to a first mortgage.

4. Judgment liens follow strict recording order — they're subordinate to anything recorded before them and superior to anything recorded after.

Understanding lien priority matters because it determines who gets paid first when the property sells. If the sale proceeds aren't enough to cover all liens, the junior lienholders get nothing — and the title can't pass cleanly until they release their claims.

The Title Search Process

Before closing, the title company runs a title search through the Broward County Records Division (the official records repository for Broward County, maintained by the Clerk of Courts). The search examines:

• The chain of title (ownership history)
• All recorded liens, mortgages, and encumbrances
• Property tax status
• Code enforcement liens
• HOA or condo association liens
• Judgment liens against the current owners

The title company issues a title commitment that lists all exceptions — everything that must be cleared before a clean owner's policy can be issued. If liens appear, they must be resolved before closing.

How Liens Are Paid at Closing

In a standard sale, liens are paid from the seller's proceeds at closing, in priority order:

1. Property taxes (current and delinquent)
2. First mortgage
3. Second mortgage or HELOC
4. Mechanics' liens (by priority)
5. HOA liens
6. Judgment liens (by recording date)

If the proceeds don't cover all liens, the seller must bring cash to closing — which is often impossible, creating a short sale scenario or a failed transaction.

How Cash Buyers Clear Liens

Cash buyers can purchase properties with liens because they don't require a lender's clean title requirement. Here's how:

1. The title search is run upfront. The cash buyer's title company identifies all liens before the offer is finalized.

2. Liens are priced into the offer. The total lien payoff is deducted from the offer price. The seller sees the full breakdown.

3. Liens are paid at closing. The title company pays off the liens from the sale proceeds, in priority order. The seller doesn't need to bring cash.

4. Judgment liens are negotiated. Cash buyers and their title companies often negotiate with judgment creditors to accept a reduced payoff — especially when the alternative is the creditor getting nothing in a distressed scenario.

5. Mechanics' liens are bonded or negotiated. If a mechanics' lien is disputed, the cash buyer can post a bond to discharge the lien and litigate it post-closing, or negotiate a settlement with the contractor.

For sellers with multiple liens and limited equity, a cash sale is often the only path to closing. The liens get paid from the proceeds, the title clears, and the seller walks away without bringing cash to the table.

The Bottom Line

Liens are a common obstacle in Broward County real estate, and they're the reason many traditional sales fall through. If your property has tax liens, mechanics' liens, HOA liens, or judgment liens, the path to a clean sale depends on whether the proceeds can cover the payoffs. Cash buyers can close with liens in place, pay them at closing, and negotiate with creditors to resolve disputes — something financed buyers and their lenders won't do.

If your Broward County home has liens and you want a written cash offer — with all lien payoffs itemized — call or text (650) 540-1854. We buy properties with liens and clear them at closing.