Judgment Lien On Jointly Owned Property In Broward
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You can obtain a judgment lien on all of the judgment debtor's personal property located anywhere in the state by filing a Judgment Lien Certificate with the Department of State. To get the proper form you must go on the internet to the Department's website: .sunbiz.
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.
Creditors typically acquire property liens through your voluntary consent. On the other hand, creditors get judgment liens after winning a lawsuit against you for a debt you owe.
In general, a creditor with a Florida judgment against only one spouse cannot collect any part of the judgment from the non-debtor spouse's separate property. A creditor holding a joint judgment against both spouses may collect either from either spouse's separate property or from jointly owned assets or accounts.
Federal tax liens against real property are filed in the circuit court's office of the county where a property is located. Federal tax liens against tangible or intangible personal property are filed in the Department of State's (DOS) office if the taxpayer is a corporation, partnership, trust, or estate of a decedent.
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.
