If I win a civil case in Florida and the person has paid off property in Florida but it's homestead, can a court require the person to sell the homestead property? or require to take a home equity loan to pay the judgment against them?
No. You cannot force the sale of homestead property, nor force the person to get an equity line to pay you.
It would depend on the amount of the judgment, the size, nature and location of the homestead property (i.e., within a municipality or not; severable or not, etc.); s well the nature of the debt, and the identity of of the creditor, and, of course just where the foreclosure of the debt is prosecuted (i.e., state circuit court or federal bankruptcy court); but generally, NO; homestead property is generally protected against forced sale in this state.
Your lawyer (in the civil suit) will help you asses the many ways one has to execute a judgment.
Hope this helps.
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Money judgments cannot be used to levy on homestead property. Is it really homestead? Many out of state people lie about homestead and rent the property or declare a similar protection in another state. That may be worth looking into as there is a 50% penalty on taxes plus 15% interest once the Appraiser knows--worth a little hunting
I am only admitted to practice in Florida so my answers in other states are based on 35 years of experience in this field and are not legal advice. This reply does not create the attorney client relationship, which only occurs upon execution of a fee agreement with our firm. Please do not contact us for followup advice on these general observations.
No homestead is protected from forced sale in your case. There are other ways to collect though.
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