For Title ProfessionalsSend the search results, NOV, and legal description to info@thecodeclinicpa.com. We acknowledge within hours and return a written assessment with timeline, flat-fee quote, and likely outcome range within 24 hours. No client referral required for the initial assessment — we only need the seller's authorization to file.
If you've run a municipal lien search in Miami-Dade, Broward, or Palm Beach County and pulled back an open code case, an unrecorded violation, or a recorded lien under Florida Statute §162.09(3), you already know the closing is at risk. Lender funding stalls. Marketable title cannot be issued. The seller, the buyer, and your file are all exposed.
The Code Clinic exists to clear these issues quickly. Attorney Ari Pregen handles pre-closing code matters on a flat-fee basis and delivers title professionals the documentation your closing files actually need: stipulated orders, lien releases, recorded satisfactions, and compliance affidavits.
What we resolve before closing
- Open code cases without a recorded lien. The fastest scenario — we negotiate compliance and obtain a closure letter from the city.
- Recorded code enforcement liens. We file a §162.09(2)(a) reduction motion, present compliance evidence, and obtain a Final Order reducing or extinguishing the recorded amount. See our lien reduction guide.
- Open or expired permits surfaced in lien searches. We coordinate with the building department to close out, including via §553.79(15) abandoned-permit procedures where applicable.
- Daily-fine accruals stopping the deal. We move for the magistrate to halt accrual and reduce the accrued amount in a single hearing.
- Special assessments and unrecorded municipal charges tied to code activity (mowing, board-up, demolition costs).
- Homestead-protected liens. Code liens cannot attach to homestead property under Article X, §4 of the Florida Constitution. The lien may remain recorded but is unenforceable; we file the declaratory action that clears the cloud from title.
A multimillion-dollar recorded code lien blocked a South Florida property sale. The seller had been quoted by other firms with no urgency, hourly billing, and no clear timeline. Within weeks of engagement, we brought the matter to a §162.09(2)(a) hearing and obtained a 96% reduction. The closing proceeded. The title file received documented satisfaction.
How we work with title offices
Standard Closing Workflow
- You send the lien search results, legal description, and any notices. Email info@thecodeclinicpa.com — or have the seller call us directly.
- We pull the underlying case file from the relevant city or county within one business day and identify whether the path is closure, reduction, abandonment, or hearing.
- You receive a written assessment with timeline, flat fee, and likely outcome range. No engagement until you and the seller approve.
- We handle the matter end-to-end: motions, hearings, compliance documentation, and the final order or release.
- We deliver clearance documentation directly to your closing file in a form that satisfies underwriter requirements.
The §162.09 reduction process — what title professionals should know
Florida Statute §162.09(2)(a) gives the Special Magistrate (or code enforcement board) discretion to reduce accrued fines once the underlying violation has been brought into compliance. The reduction process is a separate proceeding — it requires a written motion, a noticed hearing, and a presentation that meets the magistrate's specific criteria.
In practice, the magistrate considers the gravity of the violation, the actions taken to come into compliance, the time it took, the financial circumstances of the violator, and any other relevant mitigating factors. We have reduced six- and seven-figure recorded liens to amounts that close — but results depend on the specific facts and the strength of the motion.
Timeline realityA reduction motion typically requires 30–60 days from filing to hearing in Miami-Dade and Broward, longer in some Palm Beach municipalities where Special Magistrate dockets are less frequent. If your closing is two weeks out, call us before you reschedule — emergency paths exist in some jurisdictions.
Send us a file. We’ll respond same day.
Title agents and closing attorneys: free assessment within 24 hours of receiving the search.
Why this matters to your closing pipeline
Code enforcement liens are increasingly common in South Florida title work because every municipality has gotten more aggressive about enforcement, and because the Florida Municipal Lien Search standard catches more unrecorded violations than it did three years ago. A title agent without a reliable referral for code matters loses deals — or, worse, closes deals with surviving exposure.
We are that referral. The flat-fee structure means you can quote sellers a defined range. The speed means closings get rescheduled by days, not months. The documentation means underwriters get what they need.
"Highly recommend using Ari and his team. We often encounter code enforcement issues with our new acquisitions and their team does a great job of helping us through the processes."
Counties we cover
- Miami-Dade County — all 34 municipalities plus unincorporated. Miami-Dade defense page.
- Broward County — all 31 municipalities plus unincorporated. Broward defense page.
- Palm Beach County — all 39 municipalities plus unincorporated. Palm Beach defense page.
- Statewide cases accepted — we have handled matters from Palm Bay (Brevard) to Lauderdale Lakes.
Frequently asked questions
Do I need the seller's authorization to send a file to The Code Clinic for review?
No. Title agents can send the lien search results, NOV, and legal description for a same-day assessment without engagement. Once we identify the path forward, the property owner signs an engagement letter before any work is filed on their behalf. Many title agents introduce us via three-way email and we take it from there.
How fast can a recorded code lien actually be cleared before closing?
If the violation is already in compliance and we just need a §162.09(2)(a) reduction order, 30–45 days from filing in Miami-Dade and Broward is typical. If compliance work is still needed, the timeline includes that. Some Palm Beach municipalities run hearings less frequently — we flag that in our written assessment.
What does the flat fee cover for title-referred matters?
The fee covers our review, motion drafting, hearing preparation, attorney appearance, and delivery of the resulting order or release in a form that satisfies underwriter requirements. It does not cover any reduced fines or penalties imposed by the city or county — those are paid separately by the property owner. We quote in writing before engagement.
What information do you need from the title agent to assess a file?
The municipal lien search results, the legal description, the Notice of Violation or Final Order if available, the recorded lien instrument, and the closing date. Email everything to info@thecodeclinicpa.com — we acknowledge within hours and return a written assessment within 24 hours.
What happens if the seller refuses to authorize lien work?
We work with you on alternatives — escrow holdbacks, indemnity arrangements, or buyer-side negotiations to take the property subject to the lien with appropriate price adjustment. Our written assessment outlines all realistic options so you can present them to the parties.
Are homestead-protected liens really unenforceable?
Yes, in most cases. Code enforcement liens cannot attach to homestead property under Article X, §4 of the Florida Constitution. The Demura v. County of Volusia line of cases confirms this. The lien may remain recorded as a public record, but it is unenforceable against the homestead. The procedural fix is a declaratory action establishing homestead status, which clears the cloud from title without requiring lien satisfaction.