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If my creditors win a summary judgment can they attach a lien to my homesteaded property?

Ocala, FL |

My home is homesteaded in Florida. I have outstanding credit card debt that has gone to collections. I have been notified the collections attorney is seeking summary judgment against me. If he wins, can he attach a lien against my primary homesteaded property? And can that force a sale to satisfy the lien? Also, after the lien attaches, will that make it difficult to get title insurance if i voluntarily want to sell my home?

Attorney Answers 3

Posted

Technically, yes they can attach a lien, but it's not enforceable in Florida -- as long as it's your homestead property. You can file a Declaration or Notice of Homestead to avoid creditors from attaching your property. The creditor may also try to attach other property, which may also be protected under Florid alaw. You should see a knowledgeable debt defense attorney to find out more about your rights.

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2 comments

Asker

Posted

Thank you Mr. Cabanas. Even with a lien unenforceable (presuming that means forced sale to satisfy), it would create problems with a title company, no, if I try to sell? Yes I can file the Dec of Homestead on my primary but I also have a piece of vacant land which I presume would be wide open since in FL one can only have one Homestead?

Sergio Cabanas

Sergio Cabanas

Posted

Correct, they can't force the sale of homestead. Yes it would potentially "create problems" with title co, when they do a title search and find the lien, but the atty of the title co would be able to overcome such problems as it's your homestead.

Posted

The creditor cannot force a sale of your homestead and it does not create a lien. However, a title company will give you problems on a sale or refinance, so you will need proper representation so you do not have to pay the judgment.

The questions and answers posted on AVVO are for general information and should not be treated as legal advice or establishing an attorney-client relationship.

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2 comments

Asker

Posted

If there is no lien created then why/how would there be problems with a title company on sale or re-fi?

Jeffrey David Solomon

Jeffrey David Solomon

Posted

The title company will require a verification that the property is homestead. Your submitting an affidavit to the title company is not enough. There are procedures involved, so when the time comes to sell or refinance, or if you file a bankruptcy, you will need to discuss the issue with an attorney.

Posted

Yes, but they cannot for a sale, and the lien is good for only 20 years.

R. Jason de Groot, Esq., 386-337-8239

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Robert Jason De Groot

Robert Jason De Groot

Posted

they cannot force a sale

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