Judgment Lien on Homestead Property

Dated: May 12 2022

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Judgment Lien on Homestead Property 

A registered Florida Judgment Lien may hinder your ability to sell a property or land in certain circumstances. Any public record judgment debts can impair a Florida homestead property owner's ability to convey a clear title in a transaction. Even if a bankruptcy discharges all debts, any judgment that remains on the official public records of the county where the subject property is located will be reflected on a title commitment.

To obtain protected homestead status and clear any recorded liens on your property, take steps far in advance of the scheduled sale date. A title insurance underwriter may accept a simple owner's affidavit declaring the property to be your constitutional homestead and so shielded against judgment lien creditors, depending on the amount of the judgments. An insurer is unlikely to accept an owner's affidavit if the value of recorded judgment liens is substantial.

There are two strategies for arranging a problem-free sale of your homestead property in the presence of judicial liens if a simple owner's affidavit will not suffice. Aside from paying judgments at closing, there are strategies for arranging a problem-free sale of your homestead property in the presence of judicial liens. The Florida Statutes provide the first approach for preventing a judgment lien from impeding the sale of your homestead property.

Sellers frequently fail to resolve lien concerns before selling their home, only to discover that the conditions for satisfying or releasing judgment liens cannot be met before the scheduled closing date. As a result, while considering the sale of their homeland property, homeowners who have judgment liens against them should get expert legal assistance as soon as feasible.

Planning to buy, sell, or invest in any property type in Florida? Here at Tampa Bay Investments, we pride ourselves on giving our customers the best experience and we know how to navigate this challenging market. We also offer property management services and assistance to both buyers and sellers. I'm Kevin Dattola, your local Real Estate Expert, and here for anything you need so let's connect and I look forward to hearing from you.     

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Betsy Tinervin

Specialties: Buyer's Agent, Listing Agent, Relocation, Property Management, Investment Specialist, Muti-Family Investment Portfolios Military Relocation Specialist/Certified Betsy Tinervin is train....

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