Miami Homeowner Trapped by $55,650 Lien Over Work She Didn't Do

When Angelica Martinez bought her home in Miami's Little Havana neighbourhood in 2019, she did everything right. She hired an attorney, ran a title search and verified the property had no outstanding debts or liens. Five years later, she faces a $55,650 code enforcement lien that the City of Miami says accumulated against her property. The lien has frozen her ability to renovate or sell the home, and her attorney argues it should never have existed.

This case is a textbook example of how government bureaucracy can crush individual property rights through opaque processes and questionable record-keeping. For a city that prides itself on being a hub of commerce and investment, this is an embarrassment.

What happened to Angelica Martinez?

In September 2024, Miami code inspectors conducted a proactive inspection of Martinez's property. They observed contractors replacing roof framing, installing a wood fence and constructing a concrete driveway without permits. Martinez acknowledges hiring the crew to repair her roof, but she and her attorney dispute her responsibility for the fence and driveway work.

Martinez told CBS News:

“I got an attorney, did a title search, everything went through review making sure there was no debt or lien on the house to make sure the house was clean for me to purchase. Zero violations existed. My attorneys reviewed the whole history of the house. There was no issue whatsoever.”

Her attorney, Ari Pregen of The Code Clinic, argues that city records show the previous owner completed renovations in 2018. While the permits from that project do not mention the fence or driveway, Google Earth images from February 2019 appear to show both improvements already in place. That was months before Martinez bought the property.

How did a $55,650 lien accumulate?

After the 2024 inspection, Martinez agreed to lower the fence and bring the driveway into compliance. Her attorney acknowledged that homeowners can be held responsible for correcting violations, even those they did not create. According to Pregen, city inspectors signed an affidavit certifying that Martinez had completed the corrections.

“Everything was reviewed and they told me I was done and I could go ahead living in my house without any issues,” Martinez recalled.

The City of Miami tells a different story. According to the Code Enforcement Department, Martinez was found in violation at a hearing on 22 January 2025. The board gave her 120 days to comply and ordered a $150 per day fine if violations remained after the deadline. The city says permits for the driveway and fence were submitted on 31 July 2025 and finalised on 9 February 2026. No request for additional time was filed before the deadline expired. The result: $150 multiplied by hundreds of days, totalling $55,650.

Is the lien even valid?

Pregen says no. His team searched the city's public records and found no record of any lien against the property.

“We looked for the lien in three different ways in the city's own public records and there is no lien recorded. It isn't there, and yet they're still trying to use it to freeze her life,” he said.

This raises a fundamental question: how can a city enforce a lien that does not appear in its own public records? If the lien is unrecorded, it may not be legally enforceable. Yet the city continues to use it as leverage, effectively holding Martinez's property hostage.

What does this mean for property owners?

This case should alarm anyone who owns property in a city with aggressive code enforcement. The burden of proof appears to have shifted entirely onto the homeowner. The city can impose fines, attach liens and restrict property use, all while the homeowner struggles to navigate a system that seems designed to generate revenue rather than ensure compliance.

Martinez remains trapped in a home she cannot renovate or sell. A mitigation hearing is scheduled before the City of Miami Code Enforcement Board on 22 September. Her attorney will argue that the lien is invalid and that his client has been unfairly penalised for work she did not authorise.

For those watching from abroad, including in Guyana where property rights are a growing concern, this is a cautionary tale. A clean title search at purchase does not guarantee protection from future government overreach. The state can always find new ways to impose costs on citizens, especially when the process lacks transparency.

The City of Miami should be held accountable for its record-keeping failures. If it cannot produce a recorded lien, it should drop the matter immediately and compensate Martinez for her legal costs and the months of lost opportunity. Anything less is an abuse of power.

Frequently asked questions

Can a city place a lien on a home for code violations?

Yes, municipalities can place liens on properties for unpaid code enforcement fines. However, the lien must be properly recorded and the homeowner must be given due process. In this case, Martinez's attorney says no lien appears in the city's public records.

Can a homeowner be held responsible for violations they did not create?

Generally yes. Property owners are responsible for bringing their property into compliance, even if the violation was created by a previous owner. However, the enforcement process must be fair and transparent, and the homeowner must be given adequate time and notice.

What can homeowners do to protect themselves?

Document everything. Keep records of all inspections, permits and communications with city officials. If you receive a code violation notice, respond immediately and request a hearing. Consider consulting an attorney who specialises in property law or code enforcement issues.