Legal Question in Real Estate Law in Florida
homestead judgements
If a person transferred his homestead to another family member, could a judgement resulting from a civil proceeding, relating back to the original owner, be placed on the homestead now that the property has been transferred.
2 Answers from Attorneys
Re: homestead judgements
It could. But you fail to provide sufficient information that would allow a better reply.
Re: homestead judgements
One's homestead is exempt from the claims of creditors under Florida law, unless the property owner gives the creditor a mortgage on the property. Consequently, the fact that the property was transferred to another is probably irrelevant to the creditor. If you, as the creditor, record a lien against the property now, you could be sued for recording a fraudulent lien against the property, effectively clouding title to the property. Of course, without knowing all of the facts and circumstances surrounding your particular situation, there is no way I can provide you with any meaningful guidance that you may rely upon.
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