Judgment & Lien Searches
Florida Judgment & Lien Searches
It is crucial to verify that the property is free of liens and judgments before purchasing any personal property, like a house or car. When someone wins a case and files the judgment against your property with the Florida Department of State, it creates a judgment lien, a sort of nonconsensual lien. This lien could affect your ability to sell your property.
A property title search verifies the absence of any claims or liens against the property, by reviewing all relevant public documents, to confirm that the ones that will be removed prior to closing are the only ones. The Florida Property Title Search conducted by Realty Brokers USA examines deeds, wills, and trusts that have been recorded within the last thirty years to confirm that all prior owners have consented to the transfer of ownership. Furthermore, the examiners from our title search company will confirm that the property is free and clear of any liens, such as mortgages or judgments.
For more information about the title and escrow services offered in Florida, contact the knowledgeable staff at Realty Brokers USA now to arrange a consultation on judgments and lien searches.
If you or your business could be subject to any unpaid judgments in Florida, you could find out by conducting a judgment and lien search. To find out the current status of assets and other crucial details, you can use a Florida property lien search or a tax lien search.
Determining if a property is burdened
The availability of assets
Whether or if the property is subject to any claims
Judgment A buyer or seller can avoid legal trouble by finding out if the property in question is subject to any liens or judgments.
Title Search for Florida Properties
Can a Florida court place a judgment lien on certain types of property?
Property in Florida, including homes, condos, and land, as well as collectibles like jewelry, artwork, antiques, and more, might be subject to a judgment lien.
In Florida, what is the duration of a judgment lien?
Judgment liens on personal property in Florida only endure for five years, but on real estate they remain attached for ten. One of the issues that affects a creditor's ability to collect under a judgment lien is the homestead exemption, which applies to properties that are used as principal residences and has a fixed value that cannot be touched.
How Does a Judgment Lien in Florida Operate?
The court may direct one party to pay the other party as part of a legal judgment. The recipient of the funds can formally establish a lien with the Florida Department of State by filing a judgment lien certificate in the event that the debtor fails to make payment. The power to confiscate and sell the debtor's property is granted by the sheriff's department through a lien on real estate. The sheriff has the authority to confiscate both real and personal property, including homes, condominiums, buildings, land, and valuables including art, antiques, vehicles, boats, furniture, horses, and jewels. This does not apply to everything, though; the following are examples of such exceptions.
A single automobile with a price tag of $1,000 or less
Something else of personal value, valued at $1,000 or less
The principal residence of a person
Debtors who are permanent Floridians and whose principal place of abode meet the requirements for the homestead exemption. No Floridian, regardless of length of residency, is entitled to limitless homestead protection against judgment creditors per the Florida Constitution. Additionally, protected homesteads in Florida are limited to half an acre within a municipality or 160 acres outside of a municipality, as stated in Article X, Section 4 of the state constitution.
Liens on Judgment Assets and Real Estate Deals
One option is to file a notice of homestead in the county where the property in question is located, in the event that a judgment lien is recorded in the public record and would impact a Florida homestead exemption. Any judgments recorded against a property must be settled before it can be bought.
Please ensure that all registered liens on your property are cleared before the anticipated sale date. A title insurance underwriter may accept an affidavit from the owner that states the property is their constitutional homestead and protects it from judgment lien creditors, depending on the severity of the recorded judgment lien. An underwriter may reject an affidavit because to its excessive value.
Prevent Real Property Liens Caused by Judgments
In cases when an owner's affidavit cannot be executed, two alternatives might be considered to facilitate a smooth sale of homestead property even while court liens are present.
Protecting Florida Homesteads
It is recommended to execute the first method at least a few months before to the anticipated closing date, preferably before any effort is made to place a court lien on the property. No judgment or execution may serve as a lien against a homestead, as stated in Article X, Section 4 of the Florida Constitution.
The party eligible for the homestead exemption can file a notice of homestead in the public records where the property is located once they receive a judgment on the matter and a certified copy of the judgment is filed in public records. If the property is exempt and is to be mortgaged or conveyed, the filers of judgment liens will receive this notice. Within 45 days, the lienholders can take one of two actions: challenge the property's homestead status or foreclose on a judgment lien. Lienholders' failure to do so will release the property from judgments and make it available to any buyer or sale.
Preventing Bankruptcy-Related Legal Fines
Removing a judicial lien in the course of a bankruptcy case is the second tactic. Any debtor residing in Florida who has a judgment against their primary residence can seek a judicial lien removal order from the bankruptcy court. Do not assume that just because you have filed for bankruptcy in the past that your attorney has acted to prevent liens from being placed on your home in the event that you decide to sell it in the future.
Additional legal and court costs may be incurred if a closed bankruptcy case is reopened for the purpose of filing a lien avoidance motion. It may be impossible to restart the case if the creditor has already spent money on starting the foreclosure on the house. Due to the time needed to finish the procedure, receive the judgment, and wait for any liens to be legally eliminated, this technique may not be the best choice when dealing with liens right before a sale.
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