Legal Question in Real Estate Law in Florida

Re: attorney fee hearing

Firstly, it must be determined what is the nature of the alleged lien.

If the property is qualified as your 'homestead' and you did not consent to the lien , it is possible that the lien did not attach to your home. (Note consent may take different forms than whaat is used in ordinary talk.)

I suggest you speak /consult with counsel.

Re: attorney fee hearing

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

If you did not agree to a lien against your home, then the attorney cannot file one. If it was filed anyway, then it should not attach to your homestead.

You need to consult an experienced real estate attorney to discuss a suit to quiet title. By filing the suit, you can seek to declare the lien to be void and quiet the title in your name. Alternatively, you can also file a count for defamation of title as a result of the divorce attorney's wrongful actions and seek damages against the attorney. This should resolve your problems.

Scott R. Jay, Esq.