Liens on Florida Homestead Property

A recorded judgment does not automatically become a lien on Florida homestead property. Article X, Section 4 of the Florida Constitution prohibits judgment creditors from forcing the sale of a debtor’s primary residence, and that prohibition extends to judgment liens. However, not all liens are treated equally under homestead law, and certain categories of creditors can place enforceable liens on homestead property.

Judgment Liens and Homestead

When a creditor obtains a civil judgment and records a certified copy in the county where the debtor owns real property, that judgment becomes a lien on every parcel of real estate the debtor owns in the county under Florida Statute Section 55.10. The recording is indiscriminate; it attaches to all real property in the county regardless of whether the property qualifies as homestead. The public recording system does not distinguish between exempt and non-exempt property.

The result is that a judgment lien will appear in a title search against the debtor’s homestead even though the lien is constitutionally unenforceable. The lien clouds the title but does not threaten the debtor’s ownership or right to occupy the property. The creditor cannot foreclose the judgment lien against the homestead and cannot force a sale to collect the debt.

If the debtor later abandons the homestead by moving out, renting the property, or otherwise ceasing to occupy it as a primary residence, any recorded judgment lien that remains valid will attach at the moment of abandonment. The lien was always recorded; it simply had no legal effect while the property retained its homestead character.

How to Remove a Judgment Lien from Homestead

Problems arise when a homeowner wants to sell or refinance a homestead encumbered by a recorded judgment. Title companies and lenders typically will not close the transaction until the judgment lien is cleared from the record, even though the lien is unenforceable against the homestead.

Florida Statute Section 222.01 provides a procedure to resolve this. The homeowner records a Notice of Homestead in the county records and serves it on each judgment creditor. The creditor then has 45 days to file a legal proceeding contesting the homestead designation. If no creditor files within that window, the lien is deemed removed, and the property can be sold or refinanced during the following 180 days without the lien encumbering the title.

This procedure cannot remove liens that fall within the constitutional exceptions to homestead protection, such as mortgages, tax liens, or mechanic’s liens.

IRS Tax Liens

Federal tax liens are the most significant exception to the general rule that liens do not attach to homestead property. The IRS is not bound by state homestead protections. A federal tax lien under 26 U.S.C. § 6321 attaches to all property and rights to property belonging to the taxpayer, including homestead property in Florida.

The IRS must first issue a Notice of Federal Tax Lien before the lien becomes effective against third parties. Once recorded, the tax lien encumbers the homestead and will survive a sale or refinance unless the IRS agrees to release or subordinate it. The IRS can also, in limited circumstances, seek a court order to force the sale of the homestead to satisfy unpaid taxes, though this remedy is relatively uncommon for primary residences.

For a broader discussion of how the IRS interacts with Florida homestead, see Homestead and IRS.

Mechanic’s Liens

Article X, Section 4 of the Florida Constitution expressly allows liens for the “labor and materials” used to improve homestead property. A contractor, subcontractor, or material supplier who provides work or materials to build, repair, or improve a homestead may record a mechanic’s lien against the property under Florida Statute Chapter 713.

Unlike a judgment lien, a mechanic’s lien is enforceable against the homestead. The lienholder may foreclose the mechanic’s lien and force a judicial sale of the property to recover the unpaid amount. This right exists because the lien relates directly to value added to the property itself. Strict procedural requirements govern the recording and enforcement of mechanic’s liens, including notice deadlines and time limits for filing suit.

HOA and Condominium Association Liens

Homeowner association and condominium association liens operate as a form of consensual encumbrance. When a homeowner purchases property in a community governed by an association, the deed restrictions and governing documents create a contractual obligation to pay dues and assessments. That obligation runs with the land and constitutes a lien that is not defeated by homestead protection.

An HOA or condominium association can foreclose its lien for unpaid assessments, and Florida law permits the association to add attorney’s fees incurred in the collection process to the lien amount. What may begin as a modest unpaid assessment can grow substantially once legal fees accrue.

Equitable Liens

Florida courts have recognized a narrow equitable exception to homestead protection. Under the framework established by the Florida Supreme Court in Havoco of America, Ltd. v. Hill, a creditor may obtain an equitable lien on homestead property when the debtor used funds obtained through fraud or other egregious conduct to acquire or improve the home.

The creditor must trace the wrongfully obtained funds directly into the homestead. The equitable lien is limited to the amount of traceable funds, not the full value of the property. Courts can foreclose an equitable lien on homestead and force a sale, though the creditor may only recover from the proceeds the amount attributable to the fraud.

This exception is narrow. Florida courts have consistently held that merely investing non-exempt funds into a homestead to shield them from creditors does not constitute the type of egregious conduct necessary to support an equitable lien. The conduct must rise to the level of actual fraud or a comparable wrong directed at the creditor seeking the lien.

Mortgages and Voluntary Liens

Any lien voluntarily granted by the homeowner is enforceable against the homestead. A mortgage is the most common example. When a homeowner signs a mortgage to finance the purchase of the home or to secure a home equity loan, the homeowner has contractually waived homestead protection as to that specific lien. The lender may foreclose the mortgage if the borrower defaults, and homestead status provides no defense.

Property Tax Liens

Unpaid property taxes result in a tax lien that takes priority over virtually all other claims against the property, including the homestead exemption. The county tax collector can sell a tax certificate on the property, and if the taxes remain unpaid, the certificate holder may eventually apply for a tax deed, resulting in loss of the property.

Summary

Lien Type	Attaches to Homestead?	Can Force Sale?
Judgment lien	No (clouds title only)	No
IRS federal tax lien	Yes	Yes (rarely exercised)
Mechanic’s lien	Yes	Yes
HOA/Condo assessment	Yes	Yes
Equitable lien (fraud)	Yes (if funds traced)	Yes
Mortgage (voluntary)	Yes	Yes
Property tax lien	Yes	Yes