How do I file a commercial lien?

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Question:

How do I file a commercial lien?

Answer:

Filing a commercial lien requires going through the same steps as filing other liens against property.  When filing a commercial lien, people must prepare the necessary documents. Then they must go to their local county clerk’s office. If the counties where individuals’ live do not have a county clerk’s office, they must go to the county agency that is responsible for filing public record documents. For instance, individuals may have to go to the recorder of deeds office. Filing a commercial lien, in addition to filing the documents, people may pay a filing fee to do so.

A commercial lien is part of the Commercial Real Estate Sales Commission Lien Act. Filing the commercial lien is unlike any other liens such as a mechanic’s lien. Once filed, the commercial lien doesn’t attach to the owners’ real property. Instead, the lien attaches to the owner’s net proceeds, according to Florida Realtors.

Filing a commercial lien is a complicated process because the Commercial Real Estate Sales Commission Lien Act has many parts. For instance, the first part of the Act concerns sales transaction while the second part of the Act deals with brokerage agreements. Thus, anyone interested in filing a commercial lien to motivate their other party in paying the money owed, should seek legal help before doing so. Real estate lawyers can help extremely helpful because they can explain how the Act applies to people and what information they should include when drafting documents.

This article is provided for informational purposes only. If you need legal advice or representation,
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This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a lawyer for your case.

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