If I have a judgement lien against someone but they have moved out of state and are selling their house, am I able to put a judgement lien on their house now?
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If I have a judgement lien against someone but they have moved out of state and are selling their house, am I able to put a judgement lien on their house now?
Case was won about 6 months ago but recently discovered he moved across the country. He is currently trying to sell his house. I’m just trying to figure out if I am able to put the lien on the house now since he is not living in it. And if so, where do I go to file this information?
Asked on June 11, 2012 under Real Estate Law, Florida
Answers:
Mitchell Goldman / Law Offices of Cantwell and Goldman, P.A.
Answered 11 years ago | Contributor
I assume you mean that the defendant is trying to sell his house in Florida for purposes of this answer.
A judgment lien does not attach to the homestead real property of the defendant. However, if the defendant has moved out of state then the house may no longer be his homestead real property and the judgment lien would therefore attach to the property. A certified copy of the judgment lien containing your mailing address must be recorded in the county where the property is located. Your lien is subordinate to any existing mortgages or other liens which have been already filed of record.
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