Can they put a lien on my home if i owe hospital bills

Asked over 3 years ago - Sarasota, FL

can they put a lien on my home if i owe hospital bills

Attorney answers (2)

  1. Jeffrey B. Lampert

    Pro

    Contributor Level 19

    Answered . No lien can be placed on your home by a creditor unless it is a tax lien, a mortgage or equity line or some other lien that you give voluntarily, or a mechanic's lien.

    Credit cards, medical bills, deficiencies on repo'd cars, and those kinds of debts can not be the basis of a judgment lien on your home.

    HOWEVER, you should be made aware that if you then try to sell your home, or refinance a mortgage, that the title insurance company may refuse to issue title insurance unless you pay off a judgment. HOWEVER, there is a procedure under Section 222.01 Florida Statutes that enables you to get the potential cloud on title removed and able to proceed.

    To answer your question, though, the simple answer is no, a judgment lien can not be put on your home for unpaid medical bills.

    I hope this was helpful.

  2. Blaise E. Picchi

    Contributor Level 15

    Answered . The above answer is only partially correct. A judgment or hospital lien may be filed against in the public records of your county which lien will attach to everything you own. However, in Florida your homestead is protected both for you and your lineal heirs. But it is not apparent on the record that the recorded property you own is your homestead. You would have to claim the exemption if any attempt were made to enforce the lien on your home.

    Additionally, it is commonly believed that Medicade liens attach to the homestead and can be enforced. This has been litigated. Medicade cannot take your house.

    The foregoing is offered for informational purposes only and is not legal advice nor does it create an attorney-client relationship. To indicate that you have read the answer it would be appreciated if you would check either the thumbs up or thumbs down box below. More than one attorney may respond to your question over the next 5 days so it may be beneficial for you to keep checking for answers.

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