Legal Question in Real Estate Law in Florida
Under Florida Statutes Chapter 222.01 (5), is it possible for a contractor who has not paid subcontractors for work performed on various other properties to have a judgment against them attach to the contractor's homestead property? Even when the work that was performed was not done on the property that he owns?
1 Answer from Attorneys
The judgment against the contractor for failing to pay subs can attach the contractor's homestead, but the judgment creditor (subcontractor) cannot foreclose on the judgment lien. The judgment lien would be paid off at closing when the contractor sells his homestead.
You second question sounds like it applies only with construction liens. With a construction lien, you can only place a lien on the property improved by the lienor's labor or materials.
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