Select Portfolio Servicing, Inc. v. Saddlebrook West Utility Co.

A lien on real property is a right based on contract, statute, or common law to have a debt or charge satisfied out of the particular property. 1 Three common points of dispute about a lien are (1) whether one may be established; (2) if so, how; and (3) when it is established. The first two issues relate to the creation of a lien; the third to its priority. With some exceptions, the priority of a lien is determined by the date it is recorded in the land records.

At issue in this case is the use of a lien as part of a deferred financing arrangement for the construction of the water and sewer…