Can a Lien Be Placed on Homestead Property in Florida?

The Florida homestead law is the strongest asset protection tool in the country. It lets homeowners completely shield their primary residence from most types of creditors.

But many people misunderstand how the protection actually works when it comes to liens.

The general rule is that judgment creditors cannot force the sale of your homestead to collect on a debt. That protection is written into the Florida Constitution. But not all liens are created equal. Certain types of creditors and legal claims can still result in valid liens against your homestead property. In some cases, it can lead to foreclosure.

Constitutional Protection Against Judgment Liens

A typical judgment creditor—someone who sues you for a debt and wins—cannot record a lien against your homestead in a way that threatens your ownership. If a creditor records a judgment in the county where your homestead is located, it won’t attach to the property unless the homestead protection doesn’t apply. For example, you may lose the protection if you no longer reside in the home, rent it out, or use it as an investment property.

As long as the home remains your permanent Florida residence and you haven’t abandoned it, a judgment lien will not be enforceable against the property. This is true even if the creditor records a certified copy of the judgment in public records. The lien may show up on a title search, but it cannot be used to force a sale or collect payment from the equity in your homestead.

Exceptions to Homestead Protection

There are important exceptions where a lien can lawfully attach to your homestead—even if you live there full-time. These exceptions include:

• Property taxes and special assessments
• Mortgages or lines of credit that you agreed to voluntarily
• Mechanics’ liens for work done to improve the property
• Liens resulting from homeowners’ or condo association dues

If you fail to pay your property taxes, for example, the county can eventually sell your property to recover what’s owed. Likewise, if you don’t pay your mortgage or your association dues, foreclosure is a real risk—even for homestead property.

These exceptions are narrow but significant. They reflect the idea that certain obligations tied directly to the home itself should not be protected from enforcement.

What Happens If a Creditor Records a Judgment?

In many cases, judgment creditors record their judgments in public records, even if the debtor’s only property is a protected homestead. This may cloud the title but does not create a valid lien. You can still sell or refinance the property, but you may need to clear the title by affirmatively asserting your homestead protection. This process is detailed in Section 222.01 of the Florida Statutes and is called a Notice of Homestead.

Some title companies will require you to complete the Notice of Homestead process declaring the judgment unenforceable against the homestead before they allow a sale or issue title insurance.

Importantly, just because a lien appears in public records does not mean it is legally enforceable against a protected homestead.

What About Federal Liens?

Federal tax liens are treated differently than private judgments. A lien from the IRS can attach to your homestead property. However, even federal authorities are limited in how aggressively they can act. While an IRS lien can cloud title and follow the property after death, the government must take extra legal steps to seize or force the sale of a homestead, and it usually avoids doing so unless large sums are involved.

Other federal liens, such as those arising from criminal restitution or fraud judgments, may also override homestead protections, depending on the circumstances.