© 2026 Bruce Buys Houses Fast. All rights reserved.
To sell a house with tax liens or HOA liens in Miami, FL, order a title search, request payoff letters and an HOA or condo estoppel certificate, and have the closing agent pay each lien from your sale proceeds so the buyer receives clear title. Act before a tax deed application or association foreclosure, and if liens exceed your equity, negotiate the payoffs or sell your Miami house before foreclosure.
A lien is a legal claim recorded against a property for an unpaid debt. A tax lien secures unpaid property taxes or federal taxes. An HOA lien, or a condominium association lien, secures unpaid assessments owed to the association. Both attach to the property, so they must be paid or released before a buyer can receive clear, insurable title.
Liens are generally paid in order of priority. Property tax liens rank ahead of almost every other claim, including the mortgage, while association liens usually rank behind a first mortgage recorded before them.
Liens do not have to be paid out of pocket before a sale. In most Miami closings, the process works like this:
A remaining mortgage is paid the same way, which is how owners sell a house before the mortgage is paid off.
Florida property taxes follow a set schedule under Chapter 197, Florida Statutes:
A tax certificate does not transfer ownership, but an unpaid certificate can eventually lead to a tax deed sale at public auction. Certificates can be redeemed through the Miami-Dade Tax Collector, or paid by the closing agent from the sale proceeds.
Miami has a large share of condos, townhomes, and planned communities, so association liens are common. Homeowners association liens are governed by section 720.3085, Florida Statutes, and condominium liens by section 718.116.
An HOA must send a written demand and give the owner 45 days to pay before recording a lien, and 45 days' notice of its intent to foreclose before filing. Association foreclosures in Miami go through the court system, and homestead status generally does not stop them. The court timeline is similar to other Florida foreclosures.
The estoppel certificate is the association's official statement of what is owed. It must be issued within 10 business days of a written or electronic request and is valid for 30 days when delivered by hand or electronically, or 35 days when mailed. Fees are capped by Florida law and adjusted periodically; under the 2024 adjustment, the base fee is up to $299, with added charges for delinquent accounts and rush delivery.
Under section 720.305, Florida Statutes, an HOA fine of less than $1,000 may not become a lien against a parcel. Unpaid assessments, late fees, interest, and collection costs allowed by the governing documents usually make up an association lien, so the estoppel should be reviewed line by line. These rules apply to Miami townhouses and condos as well as single-family homes.
A federal tax lien attaches to all of an owner's property once the IRS records a Notice of Federal Tax Lien. The usual path is to request a payoff and have the closing agent pay the IRS from the proceeds. If the proceeds will not cover the full balance, the owner can apply for a certificate of discharge using IRS Form 14135, which removes the lien from the property being sold. Processing takes time, so the request should go in well before closing.
Acting before a foreclosure judgment or tax deed sale leaves the most room to negotiate. Liens are also common on inherited Miami homes going through probate. Bruce Buys Houses Fast buys homes with liens across Miami-Dade and helps owners sell Orlando houses facing foreclosure.
Judgment liens and construction liens are also paid, negotiated, or released at closing. Florida's homestead protection generally shields a qualifying primary residence from ordinary judgment liens, and a construction lien generally expires one year after recording unless the contractor files suit to enforce it.
Yes. Most liens are paid from the sale proceeds at closing, and the lienholder then records a release. The buyer receives clear title, and you receive whatever proceeds remain after the liens, mortgage, and closing costs are paid. If liens exceed your equity, you may need to negotiate payoffs first.
Generally, yes. Florida's homestead protection does not usually stop a homeowners or condominium association from foreclosing on a lien for unpaid assessments. The association must follow Florida's notice requirements before it files, which is why selling early can protect your remaining equity.
A certificate holder can apply for a tax deed two years after April 1 of the year the tax certificate was issued. The sale happens after that application is processed, so owners usually have a little over two years from the first delinquency to act.
The association must issue it within 10 business days of a written or electronic request. Expedited delivery is available for an added fee, and the certificate is valid for 30 days if delivered by hand or electronically, so request it early enough to cover your closing date.
Recorded liens stay attached to the property until they are paid or released, which is why title companies clear them at closing. A buyer who takes title with an unpaid lien inherits that problem, so financed buyers and title insurers will not accept it.
Yes. Request an estoppel certificate, and the past-due assessments, late fees, and allowed collection costs are paid from your proceeds at closing. Selling before the association files a foreclosure keeps legal fees from adding to the balance and protects more of your equity.
Yes. A judgment lien is usually paid or negotiated at closing. Florida's homestead protection generally shields a qualifying primary residence from ordinary judgment liens, and the title company may ask you to sign a homestead affidavit so the sale can close without paying that creditor.
Yes. A construction lien is paid, negotiated, or bonded off at closing. In Florida, a construction lien generally expires one year after it is recorded unless the contractor files a lawsuit to enforce it, and an owner can shorten that period by recording a notice of contest of lien.
A tax certificate is a first lien created when an investor pays a property's delinquent taxes at the county's annual sale. The owner can redeem it by paying the taxes plus interest, and if it stays unpaid, the holder can later apply for a tax deed.
Check the Miami-Dade Clerk's official records and the Tax Collector's records for the property, then order a title search and municipal lien search through a title company. Together they show recorded liens, delinquent taxes, open permits, and code enforcement liens.
Yes. The IRS lien attaches to the property, so the closing agent normally pays the IRS from your sale proceeds. If the proceeds will not cover the balance, you can apply for a certificate of discharge with IRS Form 14135, which should be filed well before closing because processing takes time.
Unpaid property taxes are paid from your sale proceeds at closing, and the closing agent can redeem any tax certificate through the Miami-Dade Tax Collector. Taxes rank ahead of almost every other claim, so title companies will not close until they are cleared. Selling before a tax deed application gives you the most room to act.
Yes. With a cash buyer, the title company still pays the liens from the sale proceeds at closing. Cash buyers can often close faster, which matters when a tax deed sale or foreclosure date is close. You can request a cash offer on your Miami house and review the numbers before you commit to anything.
