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?
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.
Chapter 7 Bankruptcy Attorney
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.
Criminal Defense Attorney
Yes, but they cannot for a sale, and the lien is good for only 20 years.
R. Jason de Groot, Esq., 386-337-8239