How To Remove Judgment Liens From Homestead Property
have had several calls within the last two weeks from people about to refinance their house who find that a judgment lien has shown up on their title report as an encumbrance on their homestead. The callers want to know why and how a creditor can place a judgment lien on their homestead which they thought is exempt from creditor liens.
Creditors do not place liens on selected properties. In Florida, a judgment creditor files its judgment with the Florida government in Tallahasseee, and that judgment then becomes a lien on all the debtor's Florida real estate. The lien is not selective, but instead is an indiscriminate blanket lien. The state registry of judgments does not distinguish homestead property. The debtor must take affirmative steps to rid his homestead of the blanket judgment lien.
Florida statutes provide a procedure to remove judgment liens from homestead in advance of a sale or refinance. Florida Statute 222.01(2) provides a procedure to send a form notice to the judgment creditors claiming homestead exemption. The creditor 45 days after notice to contest the claim of homestead. If the creditor cannot prove the property is not the debtor's homestead then the lien is removed and the house can be sold or refinanced. This procedure cannot be used to remove certain liens which are not protected by the homestead law such as liens for taxes and liens for labor or materials to repair or improve the homestead.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
*All* the debtor's Florida real estate? Does that mean that a judgment creditor in Florida, unlike other states, doesn't have to make a separate filing in esch and every county in which the creditor believes the debtor owns property?
Bob - thought I would jump in here if you haven't had your question answered yet. Your statement is correct. Florida has a unique statute that removes the requirement for creditors to file county-by-county with regard to personal property of the debtor.
I have recorded my forms 222.01 with the county courts and the creditor has failed to act in the 45 day time period. What do I have to do now? Please advise, I want to rid this judgement from my property as well as my credit reports from which it is draining my score. Please advise
I have filed a form 222.01 with the clerk of courts office in regard to a lien that was placed on my homesteaded property for a vehicle that was returned to the bank in my 2003 bankruptcy. I would like to refinance the house, I know that I can do this even with the judgement lien on my property, but I would like it removed, for a better interest rate as well as easier closing on the refinance. The creditor has not responded after the 45 days, how does this get removed? Please advise.
You said that
"Creditors do not place liens on selected properties. In Florida, a judgment creditor files its judgment with the Florida government in Tallahasseee, and that judgment then becomes a lien on all the debtor’s Florida real estate. The lien is not selective, but instead is an indiscriminate blanket lien. The state registry of judgments does not distinguish homestead property. The debtor must take affirmative steps to rid his homestead of the blanket judgment lien."
I'm somewhat confused because the Florida Department of State site states that you can't record a lien on real estate with the Department of State.
http://www.sunbiz.org/jlien_how_to.html
"How Do I Obtain a Judgment Lien on the Debtor's Real Property?
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 of the county in which the property is located. Such liens are not recorded with the Department of State."
I would like to know the diff between 222.01 and .02...also, if the lien is not removed after 45 days, what steps can I take..Thanks in advance.
NEED HELP!!!
I recently quitclaimed a property. Before quitclaiming it I extensively researched the property and the liens on the property came out to $648.83. I am about to sell the property and now the title company is saying that there is a lien for $18,000. They got there information from the assessment department, but the county clerk never recorded this lien. how do I disput this because this was not my error. is there any legal recourse because this lien was never recorded with the clerk. Also the lienor is telling me that by law he can not waive it because the new florida laws, but doesnt 713.20 give him that right. Please Help A.S.A.P, thanks and God Bless
my sister and i own property jointly from inheritance,can a creditor place a lein on this property,
I own a property in Florida and there is a homeowner's association lien on my property. I owe them around $500 and the Lawyers about $2,000!!!! I recenty lost both my parents and am also pregnant...so it was a complete oversight on my part. I didn't even think about the HOA nor did I realize that they hadn;t been paid. I want to pay the bill off but $2,500...is more than I can afford. I was hoping it would be around $1,000...anything I can do?
Thanks
My father failed to pay child support so a judgement/lien was placed against him/his property. He called in 2006 and ask that my Mother release the lien so he could refinance his residence along with his plans to re-marry. My Mother did not release the lien, however he did re-marry and until yesterday I thought he had refinanced the residence. After making some calls to the county court house where he lived I was told that it did not show where he refinanced but it looks as if he did a quick claim with his new wife. My Father has sinced died and I have some questions as to what happens with this lien and his property??
Any advice is much appreciated - Kevin
In Florida can you have your homestead liened for default on federal student loans so if you sell the home the govt gets their money up front? I have been told by a bankruptcy lawyer the govt cannot lien your homestead but the federal student loan folks say that's wrong, that federal law trumps state law. So if I sell my home are the proceeds mine or do they go to the federal govt?
can the IRS take my homestead florida property for failure to report back income taxes?
can my florida homestead property be affected by the florida forefeiture act?