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.
Recording the judgment creates a lien on the debtor's real estate in that county. Without recording, the judgment is only a piece of paper and does not attach to any property.
A Florida judgment creditor can put a judgment lien on the judgment debtor's tangible personal property and some kinds of intangible personal property. Tangible property means things you can see and touch, like furniture, electronics, artwork, and jewelry.
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.
In Florida, a judgment lien has a limited lifespan of ten years from the date of its issuance by the court. ingly, the judgment creditor must renew the lien to keep the lien in effect beyond these ten years by filing a renewal affidavit with the Clerk of Court in the court responsible for the initial judgment.
The Office of the Public Defender for the Fourth Judicial Circuit of Florida serves Duval, Clay & Nassau Counties.
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.
How do I get a judgment lien on the debtor's real property? 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.
In Florida, a “void judgment” is so defective that it is deemed never to have had legal force and effect, while a “voidable judgment” is a judgment that has been entered based upon some error in procedure that allows a party to have the judgment vacated, but the judgment has legal force and effect unless and until it ...