What Is a Voluntary Lien?
A voluntary lien is a claim against property that the owner creates on purpose, by agreement — most commonly a mortgage. The owner consents to give the lender a security interest in the property in exchange for a loan. It is the opposite of an involuntary lien, which attaches without the owner's consent, such as a judgment lien or a tax lien.
Voluntary vs. Involuntary Liens
- Voluntary lien — created by the owner's agreement (a mortgage, a deed of trust, a security agreement)
- Involuntary lien — imposed by law without consent (a judgment lien, property-tax lien, or construction lien)
How Voluntary Liens Work in Florida
The most common voluntary lien is a mortgage, which the borrower grants and which is recorded in the county public records to establish the lender's priority. Because the owner consents, voluntary liens are documented in a signed agreement that defines the debt, the collateral, and the lender's remedies on default — typically foreclosure. Recording is what makes the lien effective against later buyers and lenders, following Florida's "first in time, first in right" priority rules (subject to exceptions such as property-tax liens).
Related Terms
- Lien — The general claim against property
- Mortgage — The most common voluntary lien
- Priority of Liens — How competing liens are ranked
Barnes Walker Real Estate
Barnes Walker's real estate attorneys document mortgages and security interests and resolve lien priority for Florida clients. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC