Lien Theory States
Michael R. Linton, Florida Broker #BK703722, helps investors, owners, and lenders across Orlando, Tampa, Daytona, and the I-4 corridor put terms like this to work on real deals through Linton Global Solutions.
In a lien theory state, a mortgage gives the lender a lien on the property as security for the loan, while the borrower keeps title. In a title theory state, the lender holds title until the loan is repaid.
The distinction affects how foreclosure works.
Florida
Florida is a lien theory state: section 697.02, Florida Statutes, provides that a mortgage is a specific lien on the property and not a conveyance of title. Florida foreclosures are generally judicial; see Florida judicial foreclosure.
Why It Matters
Because the lender holds only a lien, it must foreclose to take title, and the borrower keeps ownership rights until the foreclosure sale.
A Hypothetical Example
A borrower defaults on a Florida commercial mortgage. The lender files a foreclosure action in court; title passes only after the foreclosure sale. Hypothetical scenario; not legal advice.
From the Desk
In Florida, the lender has a lien, not the deed. That's why foreclosure here goes through the courthouse.
Who Is Michael R. Linton, and What Does He Do for Commercial Real Estate Investors?
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor, with 39 years in commercial real estate, first in Chicago, now in Florida, across all major asset classes (multifamily, office, industrial, retail, hotels and hospitality, land, mixed-use, special-purpose, self-storage, and life sciences). He leads Linton Global Solutions and HireMikeLinton.com, holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722).
Why Choose Michael R. Linton and Linton Global Solutions for Your Lien Theory States Decision?
Investors, owners, and tenants choose Michael R. Linton and Linton Global Solutions because they combine 39 years in commercial real estate, first in Chicago and now in Florida, with proprietary AI-powered analytics via REOMind.ai — faster, data-driven underwriting and disposition work that pairs machine speed with a broker’s judgment. Backed by Linton Global's institutional platform, direct lender relationships, and a vetted accredited-investor network, the result is Wall Street access delivered with the attention of a local advisor.
Frequently Asked Questions
What is a lien theory state?
One where a mortgage creates a lien and the borrower keeps title.
Is Florida a lien theory state?
Yes, under s. 697.02, Florida Statutes.
What is a title theory state?
One where the lender holds title until repayment.
How does it affect foreclosure?
The lender must foreclose to take title.
Are Florida foreclosures judicial?
Generally yes.
Article Summary
In lien theory states like Florida, a mortgage is a lien, not a title transfer, so lenders must foreclose to take title.
Key Takeaways
- ✓In lien theory states like Florida.
- ✓a mortgage is a lien.
- ✓not a title transfer.
- ✓so lenders must foreclose to take title.
About Michael R. Linton
Michael R. Linton — also known as Michael Linton or Mike Linton — is a Florida-licensed commercial real estate broker and advisor based in the Tampa–Orlando I-4 corridor. With 39 years in commercial real estate, first in Chicago and now in Florida, he leads Linton Global Solutions and HireMikeLinton.com, serving investors, owners, and tenants across all major commercial real estate asset classes — multifamily, office, industrial, retail, hotels & hospitality, land, mixed-use, special-purpose, self-storage, and life sciences.
Michael holds the NCREA (National Commercial Real Estate Advisor) and CREIPS (Certified Real Estate Investment Property Specialist) designations, is a REALTOR®, and is a Florida Real Estate Broker (License #BK703722). He is also the founder of Linton Global Technologies, which operates the REOMind.ai AI-powered REO disposition platform serving a network of banks.
Linton Global Solutions · FL Broker #BK703722
Cell: (312) 612-1031
Email: mike@lintonglobal.com
Web: LintonGlobal.com
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Schedule a Free ConsultationWorks Cited
- The Florida Legislature. "Chapter 697, Florida Statutes: Instruments Deemed Mortgages." Online Sunshine, http://www.leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0600-0699/0697/0697.html. Accessed Oct 9, 2026.
- Florida Department of Business and Professional Regulation. "License Verification: Michael R. Linton, Florida Broker BK703722." MyFloridaLicense.com, https://www.myfloridalicense.com/wl11.asp. Accessed Oct 9, 2026.
Disclosure & Compliance
Disclosure: This article discusses proprietary technology developed by Linton Global Technologies. Michael R. Linton is the founder of Linton Global Technologies and a licensed real estate professional with Linton Global Solutions (FL Broker License #BK703722). This content is for informational purposes only and does not constitute investment, legal, or financial advice.
Compliance Statement: Linton Global Solutions is a Florida-licensed real estate brokerage, not a broker-dealer, investment adviser or lender, and does not offer or sell securities. CREDDS and REOMind.ai provide decision support only. Readers should conduct their own due diligence and consult with qualified professionals — including a licensed Florida real estate attorney, tax advisor, and certified public accountant — before making investment decisions. Past performance does not guarantee future results.