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Heather A. Harwell, PLLC
Serving Wesley Chapel, New Tampa, Zephyrhills, Dade City, Land O' Lakes & Lutz
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What Judgments Can Result in a
Lien on My Home?

No Judgment Lien. Not all judgments can result in a lien on your home. As long as you have legally asserted your homestead exemption on your home, you will be ableto protect your home from most creditors who do not maintain a security interest in your home. These types of creditors include lenders of automobile loans and personal loans, medical providers, and credit card companies.
Even if these creditors obtain a judgment against you, they may not file a lien against your homestead protected home. However, when you attempt to sell your home, the title company may urge you to resolve these debts. Your property will not be protected as a homestead if you no longer live on the property, rent it out or use it as an investment property. Additionally, if you own a home in Florida and one in another state up North, you will only be able to claim a homestead protection on one of the properties.
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Judgment Lien. A foreclosure judgment absolutely results in a "lien" on your property and forces the sale of your property, even if protected by a homestead exemption. Likewise, a second mortgage or home equity loan default could result in a judgment against you and consequently a lien on your home. If a judgment is entered in favor of your homeowner's or condominium association's favor, they may file a lien against your home.
Any properly licensed contractor who has provided materials or services to improve your home may file a judgment lien against your home. Such contractors include home improvement creditors, roofers, flooring installers, providers of solar panels and water filtration systems, pool installers and surprisingly, even creditors who have installed a garage door, a water heater or an air conditioning unit or have provided interior design, architectual services or surveyed the property. Subcontractors who are not paid by the contractor as agreed may also obtain a judgment and subsequent lien on your home. If you attempt to sell a home with a valid judgment lien, you will absolutely be required to resolve the lien prior to the sale in order to clear the property's title.
The information provided in this website and blog page is intended for informational purposes and should not be construed as legal advice. You should never rely solely on websites for legal information or advice and contact a licensed attorney with any questions you may have.