Judgment Lien On Personal Property With Mortgage In Palm Beach
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A mortgage is a specific, voluntary lien. It is specific to the piece of property and is voluntary because it was agreed to by the property owner. A judgment lien is an example of a general, involuntary lien. Judgment liens can be applied against any of an individual's assets.
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.
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.
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.
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.
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.
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.
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.
