Florida Lien Law Priority
Lien priority in Florida determines the order in which competing claims against property are paid when the property is sold. Understanding priority is essential for lenders, title companies, and property owners.
General Priority Rules
- First in time, first in right: Earlier-recorded liens have priority
- Property tax liens: Absolute priority over all other liens
- Mortgage liens: Prioritized by recording date
- Mechanic's liens: Relate back to date of first work
- Judgment liens: Priority from date of recording
Superpriority Liens
- Property taxes: Always first in priority
- HOA/condo assessments: Limited superpriority (12 months or 1% of mortgage)
- Federal tax liens: Priority over later-filed liens
- Mechanic's liens: Relate back to visible commencement of work
Resolving Disputes
- Foreclosure actions (court determines priority)
- Quiet title actions (establish validity of competing claims)
- Title insurance claims (cover priority losses)
Related Terms
- Encumbrance — Liens as property encumbrances
- Evidence of Title — Title search reveals lien priority
- Closing — Liens resolved at closing
Barnes Walker Title Services
Barnes Walker Title analyzes lien priority in every Florida title search, ensuring clear title and proper lien resolution at closing. Submit a title inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC