A collection attorney from outside Florida called me about enforcement of an equitable lien on property. He obtained a judgment from a Florida court against a Florida debtor declaring that the creditor had an equitable lien on real property owned by the debtor and that the debtor held title in constructive trust for the creditor. The attorney wanted me to send him a form for perfecting his lien and trust.
As far as I know, there is no separate form for recording or perfecting a court order which declares an equitable lien. I suggested that the attorney record a certified copy of the court order in the county where the property was located, or alternatively, that he record some form of notice of equitable lien or trust which references the court order. Let me know if anyone is aware of a better procedure to perfect an equitable lien or constructive trust on real property.
Of course, if the debtor’s property was his homestead (its not in this case) the debtor may have asserted homestead defenses against the lien and trust.
posted by Jonathan Alper, asset protection and bankruptcy attorney, Orlando, Florida
Last updated on May 22, 2020