Judgment Lien On Personal Property With Mortgage In Miami-Dade

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

Description

The Judgment Lien on Personal Property with Mortgage in Miami-Dade is a legal form that assists in formally recording a judgment as a lien against a debtor's personal property and real estate. This document is crucial for ensuring that a creditor has a legal claim against specific personal assets, thereby securing repayment of debts. It is designed to be clear and user-friendly, making it accessible for legal professionals and individuals with limited legal experience. Users must accurately fill in relevant details, including the names of debtors, the county of enrollment, and the date of judgment. This form can be particularly useful for attorneys, partners, owners, associates, paralegals, and legal assistants who are managing debt recovery cases and need to secure interests in personal property or real estate. It serves to protect the creditor's rights, enabling further actions in case of non-payment. The enclosed letter format within the document allows for straightforward communication with interested parties regarding the enrollment of the judgment. Additionally, recipients are encouraged to provide information about any other counties where the debtor may own property, enhancing the effectiveness of the judgment lien. Overall, this form serves as a vital tool in the legal process of enforcing judgments and asserting property rights.

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FAQ

Florida Homestead Protection Article X, Section 4, Constitution of the State of Florida (1968) exempts a homestead from forced sale and provides that no judgment or execution shall be a lien thereon.

Satisfy the Judgment: Paying the debt in full is the most straightforward way to remove the lien. Obtain a satisfaction of judgment from the creditor and file it with the court.

File a certified copy of your judgment in the real estate records of the county in which the property is located. The lien is in effect for 10 years, and it can be renewed for an additional ten years.

Satisfy the Judgment: Paying the debt in full is the most straightforward way to remove the lien. Obtain a satisfaction of judgment from the creditor and file it with the court.

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.

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.

You can obtain a judgment lien on the judgment debtor's real property by recording a certified copy of your judgment in the real estate records in the county in which the property is located. Such liens are not recorded with the Department of State.

The recorded judgment automatically attaches to all property in whatever county the judgment is recorded. The creditor would have to record the judgment in all 67 Florida counties separately to create a state-wide lien on the debtor's real property. Second, only “certified copies” of the judgment give rise to a lien.

If you live in Florida and own a homestead in Florida, your home is protected from most creditors including credit cards. If you do have credit card debts, although they can take other collection actions against you, they cannot touch your homestead.

Steps to file a mechanics lien in Miami-Dade County Step 1: Get The Right Form & Meet Margin Requirements. Step 2: Calculating Your Miami-Dade County Filing Fees. Step 3: Serve the Mechanics Lien. Step 4: File your lien with the Miami-Dade County Clerk.

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Judgment Lien On Personal Property With Mortgage In Miami-Dade