How long does a judgment lien last in Florida?Some liens on real estate, such as a mortgage, remain a lien until the underlying debt is paid. There is a time limit on judgment liens. The statute of limitations for collecting a debt in Florida is 20 years. A judgment lien on Florida property based on an underlying money judgment expires 10 years after a certified copy of the judgment is recorded in the county where the property is situated. A creditor can re-record the judgment and extend the lien for an additional 10 years, not to exceed the 20 year life of the underlying judgment. See, Section 55.10. If the creditor does not re-record the judgment according to statutory procedures the Florida judgment lien automatically expires after ten years.
Does a judgment become a lien on a Florida homestead?Judgment liens do not attach to homestead property. The Florida Constitution provides homeowners broad protection from civil money judgments. A recorded certified judgment does not create an automatic lien on the real property that the judgment debtor owns and occupies as his primary Florida residence. The properly recorded certified judgment automatically attaches to a homestead property if and when the debtor moves out of the property or otherwise abandons the property as his primary residence.
How to get rid of a judgment?There are only four ways to get rid of a judgment:
- Pay the judgment in full.
- Settle the judgment with the creditor.
- Discharge the judgment in bankruptcy (Chapter 7 or Chapter 13 for individuals).
- Wait out the twenty year life of the judgment.
Last updated on August 30, 2020