Legal Question in Civil Litigation in Florida

Re: Judgments

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There is no lien created until you record a certified copy of the judgment. Once that is done, it will appear in the public records for all to see and will be picked up on the party's credit report. Anyone searching title will see the lien and will know that it must be paid in order to convey clear title on any real property unless it is homestead. Further, Florida is a record title state, so the first to record has priority and is superior over any subsequently recorded judgment or mortgage.

Scott R. Jay, Esq.

Re: Judgments

The recoding of the judgment creates the lien. There is no lien without the recording. The recorded judgment allows you to force payment of the debt by execution on property that can be seized and sold to satisfy the judgment.

Re: Judgments

Recording of the judgment actually perfects the lien by giving notice. For that reason it is important to record a judgment in every county in which the judgment debtor ownes real property. It will prevent a sale or refinance of the property without first satisfying the judgment.