Legal Question in Civil Litigation in Florida
I'm trying to better understand the Florida Homestead laws. Can a private individual awarded a civil judgement put a lien on a homestead? If so, can they force the sale of the home? Also, when the person with the judgement passes away, what happens to the lien on the home?
Asked on 5/31/10, 10:05 am
2 Answers from Attorneys
John DeLancett
Law Offices of John DeLancett, PL.
With the exception of mortgages, mechanic liens for the improvement of the property or other security interest granted to a private person, a Florida homestead is exempt from lien or execution for a private civil judgment. When the holder of a judgment dies, it will become an asset of his estate.
Answered on 5/31/10, 2:06 pm
Lesly Longa
Longa Law P.A.
No, except in certain circumstances. Check Ch. 222 of the Florida Statutes or consult with an attorney for more information.
Regards,
Answered on 5/31/10, 5:07 pm
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