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Going to court can be a frightening and stressful experience, especially if it’s because your home or other property is on the line. A financial judgment against you could put you under an enormous financial strain and even force you into debt. If you can’t pay a civil judgment, a lien is one tool a creditor can use to recover judgment money. Unfortunately, a lien can put your home, cars, and other valuables at risk, leaving you uncertain financially.
The lien removal attorneys at Loan Lawyers are committed to helping protect our clients and their assets. We understand how a judgment against you can feel like you are losing everything you have worked so hard to gain. Our legal team fights tirelessly to find the best solution for every client and help them get the financial security they need to regain their lives. Our trusted lawyers know your home, property, or other valuable possessions are at stake and will do everything possible to protect your livelihood and future.
Contact our foreclosure defense, debt defense, and bankruptcy law firm today for a free consultation with one of our Florida attorneys.
What Is a Judgment Lien?
If you are in debt and a creditor is looking to collect the money they are owed, they may be able to place a judgment lien on your property. A judgment is a court-approved settlement, making one person responsible for paying money to another party. For example, judgment liens may be filed for non-payment on civil court decisions such as personal injury cases or child support judgments. A judgment lien gives the creditor the right to be paid a certain amount from the sale of the property. Essentially, it is one way a creditor can try to collect the money they are due when a debtor is not making payments.
In Florida, a judgment lien can be attached to almost any form of real estate held by a debtor, including the following:
- Single-family homes
- Multi-family homes
- Condominiums
- Land or property
- Commercial buildings
A judgment lien can also be placed on an individual’s personal property, including art, antiques, cars, jewelry, and other valuables. To secure a judgment lien, a creditor must file the judgment with the Florida Department of State. Judgment liens become a matter of public record, and the lien will appear on the property’s title.
Who Can Put a Lien on Your House in Florida?
Creditors can place a lien on your home if you do not pay your debts. A creditor is any individual or institution that extends credit to another individual. The most prominent “creditors” are banks or other financial institutions. However, creditors can also include a mortgage or auto loan company. In the case of judgment liens, a creditor may be the person you owe money to after losing a civil court case, such as a personal injury lawsuit.
Florida’s Construction Lien Law allows people who work on homes to file a judgment lien against Florida property owners who do not pay for services provided. These tradespeople can include:
- Roofers
- Plumbers
- Electricians
- Construction workers
Can You Stop Property Liens?
There may be several ways to stop a property lien. The first option is to pay the debt that you owe. If you satisfy the debt or civil judgment terms, a creditor will no longer need to file a lien against your property to recover the due money.
The Florida homestead exemption helps protect an individual’s primary residence from judgment liens and forced sales. Protection is limited to one-half an acre if the property is within city limits and 160 acres if the home is in an unincorporated county area. The homestead exemption only applies to property used as a primary residence. You must live in the property and hold the legal title to the property itself.
You may also avoid a judgment lien on your property by filing for Chapter 7 bankruptcy. However, there are eligibility requirements, including:
- The lien must be from a court-ordered monetary judgment.
- The debtor must be able to claim an exemption in part of their equity in the property.
- The lien would result in a loss of part of this equity if the property were sold.
Chapter 7 bankruptcy can allow you to discharge all unsecured debts, including monetary judgments. Therefore, bankruptcy can be a powerful debt relief tool. First, however, you should review all your options with an experienced bankruptcy and lien removal attorney to determine which path is best for you.
How to Remove Property Liens in Florida
A lien on your property will keep you from being able to sell your home or property until the debt is paid. If a lien is already in place, paying your obligations to the creditor will allow the creditor to remove the lien, giving you a clear title. Once the debt is satisfied, you must remove the lien from your property’s title. You can remove a lien in Florida by:
- Paying off your debt
- Filling out a release-of-lien form
- Getting the release-of-lien form notarized
- Filing the release with the county recorder’s office
- Keeping a copy of the release in your possession
Although the steps seem simple, properly removing a lien from your property can be frustrating and time-consuming. An attorney can help you complete the correct paperwork and work with you to remove the lien without further complications. A lien can negatively impact the sale of your home and your credit. Ensure it is removed correctly with the help of a skilled lien removal lawyer.
Other Ways to Remove the Lien
You can file a Notice of Contest of Lien if you believe that the lien has been improperly filed against you. Homeowners have one year to file a Notice of Contest of Lien. From there, the lienor has 60 days to file a lawsuit that will enforce the lien. If they fail to do so, then the lien is considered invalid.
You can also attempt to remove the lien by negotiating with the lienholder. If you can agree about how to repay your debts, they may agree to remove the lien.
You may also be able to transfer the lien to a bond. To do this, you will need to pay a fee equal to the amount of the claim of the lien, plus interest at the legal rate for three years. You will also be required to pay 25 percent of the lien amount or $5,000, whichever is greater. Additional fees may also apply.
What Can I Expect From the Process?
Knowing what to expect from this process depends on your unique situation and circumstances. If you work with our experienced attorneys, you can trust that we will help you through every step of the process. Our team can help you prepare your documents, file correctly, and meet all the important deadlines. If you have to attend any in-person meetings or trials, we’ll ensure that you are well-prepared.
Contact a Florida Lien Removal Attorney Today
A legal judgment against you can impact almost every aspect of your life, causing financial strain and uncertainty about your future. The debt defense and bankruptcy attorneys at Loan Lawyers can help you navigate the challenging process of removing a lien from your property.
Our goal is to help you find the best financial solution possible. Contact our Florida lien removal attorneys today for a free, confidential case review.
