You can remove a judgment lien from homestead property upon sale or refinance of the home.
Florida Statute 222.01(2) provides a procedure for sending a form notice to judgment creditors claiming a 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.
Otherwise, creditors do not place judgment liens on selected properties. In Florida, a judgment creditor records its judgment in a county, and then that judgment becomes a lien on real estate located in the county.
The lien is an indiscriminate blanket lien.
About the Author
Jon Alper is a nationally recognized attorney specializing in asset protection planning. He graduated with honors from the University of Florida Law School and has practiced law for almost 50 years.
Jon and the Alper Law firm have advised thousands of clients about how to protect their assets from creditors.
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