Judgment Against Property With Lien In Florida

State:
Multi-State
Control #:
US-0025LTR
Format:
Word; 
Rich Text
Instant download

Description

This form is a sample letter in Word format covering the subject matter of the title of the form.

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FAQ

To attach a lien, the creditor must record the judgment with the county recorder in any Florida county where the debtor owns real estate now or may own real estate in future. For liens on personal property, the creditor files the judgment with the Florida Department of State.

Although you can file a lien without first giving notice to the owner, the Florida notice to owner rules requires that you give notice within 15 days after filing with the county recorder.

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.

The sheriff's department can seize: Personal property: movable things (e.g., cars, horses, boats, furniture, jewelry) owned by the debtor. Real property: land and buildings owned by the debtor.

A lien is valid for one year, unless a lienor files a lawsuit to enforce the lien prior to the expiration of the year. An owner has a right to file a Notice of Contest of Lien during the one-year period. Upon the filing of a Notice of Contest of Lien, a lienor must file a lawsuit to enforce the lien within 60 days.

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.

Prior to filing a lien, a lienor who does not have a direct contract with the owner, must serve the owner with a Notice to Owner. The Notice to Owner must state the lienor's name and address, and a description of the real property and the nature of the services or materials being furnished.

Section 713.08 of the Florida Statutes, provides the proper form and specific requirements to complete the claim of lien document such as: name and address of lienor, statement of labor and materials provided, description of the property, name of property owner, lien amount, proof of service and the proper warning to ...

More info

Judgment liens on personal property in Florida are filed with the Florida Department of State. Yes, Florida law allows a creditor to file a Judgment Lien Certificate with the Department of State.The act first expands the reach of a Florida judgment lien against a defendant's ownership of certain intangible personal property rights. The lien certificate must contain the legal description of the property, the names of the judgment debtor and creditor, and the date and amount of the judgment. Any judgment liens that are part of the public record can affect a Florida homestead property owner's ability to provide clear title in a sale. Judgment Lien Certificate (JLC). Fill out the Judgment Lien Certificate. Fill out the Judgment Lien Certificate. A recorded judgment gives you a "Lien" or interest in any land or real property the defendant may own in the county where the judgment is recorded. BEFORE THE SHERIFF CAN LEVY, the judgment creditor must record a Judgment Lien with the Secretary of State.

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Judgment Against Property With Lien In Florida