Legal Question in Bankruptcy in Florida

Tax Leins on Home

I know that in Florida you supposedly can not lose your home if you declare bankruptcy, but what about tax leins? My sister owes $130,000 and her home is worth about $100,000. Many of the creditors have charged off the debt, but one (so far) has put a lein on. She still has a mortgage for $70,000. On her credit report, it shows a lein from a credit card company for $10,000. Could that be against her house? Although you don't lose your home, would you have to pay back creditors if its sold? If she would have to pay all creditors if sold, she would pretty much be paying a mortgage for nothing and would never really own the home. Is bankruptcy the only solution and does that also remove the leins? Thank you


Asked on 9/16/04, 12:09 pm

2 Answers from Attorneys
Wendell Finner Wendell Finner, P.A.

Judgment liens may be removable, but not most tax liens

Many judgment liens can be removed from a homestead in a bankruptcy proceeding. These are different from tax liens, which result from unpaid taxes. Some tax liens can be removed in bankruptcy, but most cannot.

If no bankruptcy is filed, a judgment lien will expire 12 years after its was entered UNLESS THE CREDITOR RENEWS IT. Generally, though, the most effective way to remove a judgment lien on homestead property is through a bankruptcy proceeding.

It is best to consult with an attorney specializing in this area of law before taking any steps which might affect your rights.

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Answered on 9/16/04, 12:56 pm
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Tax Leins on Home

Bankruptcy will not result in the avoidance of tax liens. The homestead is not exempt from tax liens.

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Answered on 9/16/04, 2:31 pm


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