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Judgement Lien Foreclosure In Florida
Category:
State:
Multi-State
Control #:
US-0025LTR
Format:
Word;
Rich Text
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Description
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FAQ
Presently there is a Florida statute that limits judgment liens to 20 years,3 and there is a Florida statute that limits “actions” on certain judgments to 20 years and other judgments to five years. There is, however, no statute or court rule that places a time limit on the execution of judgments.
The lien is good for 10 years, but the creditor can renew the judgment before it expires for another 10 years, meaning the lien will survive for a maximum of 20 years. The good news is that because of Florida's homestead protections, a judgment lien cannot attach to homestead property.
A person can avoid paying a civil judgment with their earnings if they qualify as the head of household. The Florida statute defines earnings as wages, salary, commission, or bonus. Other types of earnings for labor have been held to also qualify for the head of household exemption.
The lien must be foreclosed in one year (713.22) unless the person or entity who owns the property upon which the lien is placed files a Notice of Contest of lien (713.18) which shortens the duration to 60 days from the date of the Notice of Contest.
A lien is enforced by filing a lawsuit to foreclose the lien. Most often, this lawsuit will need to be filed in a county or circuit court based on the property's location. In some scenarios, your suit can be filed using Florida Small Claims Rules.
Yes, you can sell a house with a lien in Florida, but it complicates the process. Liens must be addressed before or during the sale, often by paying them off at closing. Buyers and lenders typically require clear title, so resolving the lien is essential for a smooth transaction.
Lien and Judgment Negotiation Locate your creditor and find out how much you owe: This can often be the most challenging part of lien negotiation. Evaluate and explain whether it is worth it to try and negotiate the lien or judgment: Some liens are negotiable and some aren't. Negotiate: Negotiation is an art.
