Full question:
I have fallen into default on the payment of a storage facility. I received a notice of lien by FedEx a week ago with empty spaces for the number and Seal number for certified mail at the top of the page. I received the letter much later than the date stated on the top. This Notice of Lien' states that I have 15 days to comply (Florida Self Storage Facility Act, Chapter 83 of the Fla. Statures, section 801.) I do no have the money to pay and cannot borrow it, The bill is $3700.00 but the property is worth more than $20,000.00. If she sells the property for the amount owed, will I still be responsible to pay the money owed and more? What will be my financial responsibility if I cannot satisfy the lien after the property is sold? She mentions a lien fee of $65.00 Thank you for your time and aid.
- Category: Abandoned Property
- Subcategory: Abandoned Property Self Storage
- Date:
- State: Florida
Answer:
The outcome will depend on whether there are other liens on the property. Generally, the storage facility can only collect what they are owed. If the property sells for less than what you owe, they may sue you for the remaining balance. They are required to notify you of any balance remaining after the sale.
Costs, such as the lien fee and sale expenses, can be deducted from the sale price. If the sale proceeds exceed your debt, the remaining balance must be returned to you within two years, or it will be deemed abandoned (Fla. Stat. § 83.805). The owner must send you a notice of any remaining balance after the sale.
In summary, if the sale does not cover your debt, you may still be responsible for the remaining amount owed. If you have further questions, consider seeking legal advice.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.