Florida Judgment Liens Explained: How They Affect Homeowners and Buyers

Post Author:

associateshome

Categories:

Date Posted:

June 4, 2025

Florida Judgment Liens Explained

A judgment lien is a legal claim placed on your property by a creditor after winning a court case against you. It can affect your ability to sell, refinance, or even transfer ownership. If you’re buying a home, ignoring a lien can be a costly mistake.

Whether you’re a property owner or a buyer, this info matters — and could save you thousands.

What Triggers a Judgment Lien in Florida

A judgment lien results from a court ruling. When someone sues you and wins — for unpaid debts, breach of contract, or damages — they can file a lien against your real estate or personal property to collect payment.

What Is a Property Lien?

A property lien is a legal claim a person or entity makes against your property as collateral for a debt. If you fail to pay, the lienholder may force a sale of your property to collect what’s owed.

There are two main types of property liens:

Voluntary liens: Agreed upon, like a mortgage.
Involuntary liens: Placed without consent, like a tax lien or a judgment lien.

Furthermore, municipal liens are a type of property lien, but they are specific to debts owed to the local government. These liens are a claim against a property by a local government for unpaid debts like property taxes, utility bills, or special assessments.

Property liens are filed in public records, meaning anyone (including potential buyers and lenders) can see them. Unlike a mortgage, you didn’t agree to this lien. It’s imposed by law.

Here’s how it typically happens:

A creditor sues you and wins.
They record a “judgment” with your county.
That judgment becomes a lien on your property.

A lien gives them a legal right to collect from the sale of your home, whether you’re ready to sell or not.

Who Can Put a Lien on a Property?

Many people assume only banks can place liens, but that’s not true. Here are the most common entities that can legally place a lien:

Creditors or debt collectors after a court judgment.
Government agencies for unpaid taxes or fees.
Contractors or suppliers can file a mechanic’s lien for unpaid labor or materials.
HOAs for unpaid dues or assessments.

If you’ve fallen behind on any financial obligations tied to your property, a lien could be in your future — or already on your record.

How to Find a Lien on a Property

If you’re a homeowner, investor, or prospective buyer, finding out if there’s a lien on a property is critical.

1. Search Public Records

Liens are filed with your county recorder, assessor, or clerk’s office. Most offices have searchable databases by name or property address. It’s usually free, or there may be a small fee to print a report.

2. Hire a Title Company

A title search will uncover any liens. If you’re buying a house, this is part of the closing process. If you’re already a homeowner, you can order a title search on your own.

3. Use an Online Property Records Search Tool

Several real estate sites and public records platforms like your county records office offer lien information; some charge a small fee. These are convenient but may not always be up-to-date. Always confirm with your county office for the most current info.

What Happens If You Buy a House with a Lien on It?

Buying a house with a lien is risky and could potentially pose financial problems for a number of reasons:

The lien doesn’t go away just because ownership changes. If it’s still active, you may be on the hook.
Title companies usually catch liens, but not always. If you’re buying from a private seller or skipping title insurance, you could inherit the problem.
You may have to pay the lien to get a clean title or negotiate with the lien holder to release it.

In most traditional real estate transactions, liens must be resolved before closing. But in some “as-is” sales or cash deals, they can slip through. Always check for liens before buying, or you could inherit someone else’s debt.

If You Decide to Buy a House with a Property Lien

Do your due diligence and get legal protection:

Get a complete title search before making an offer.
Use a real estate attorney to help negotiate lien releases or price reductions.
Get title insurance to protect yourself from undiscovered liens.
Ask the seller to clear the lien as part of closing.

Some buyers use lien issues to negotiate a lower price — especially in cash deals or foreclosures — but you need to know what you’re doing.

Can a Lien Prevent the Sale of a Home?

Yes. In most cases, a lien must be cleared before a home can be sold or refinanced. Here’s why:

Mortgage lenders won’t finance homes with outstanding liens.
Buyers want a clear title, free of legal claims or complications.
Title insurance companies won’t issue a policy if there’s a lien.

If a seller wants to transfer the home, they usually have to satisfy the lien, either by paying it or negotiating a release.

How to Remove a Judgment Lien from Your House

Whether you’re trying to remove a judgment lien from your house or considering buying a property with a lien, you need a strategy. Ignoring liens can lead to blocked sales, lost financing opportunities, unexpected legal battles, and massive out-of-pocket costs.

If you discover your home has a judgment lien, don’t panic. You’ve got a few options to clear it up.

Pay the Judgment in Full

This is the fastest way to remove the lien. Once paid, request a Satisfaction of Judgment from the creditor. File it with the court and county recorder to officially clear the lien.

Negotiate a Settlement

Some creditors are willing to settle for less than the full amount. If they agree, get it in writing and request a lien release once paid.

File a Motion to Remove

In certain cases, you can file a motion to release or avoid the lien. For example, if the lien affects your primary residence and meets certain legal criteria, a judge might remove it.

Wait It Out

In some states, judgment liens expire after a set period (often 10 years). However, creditors can often renew them, so this route is risky.

File for Bankruptcy

This can discharge the debt and potentially remove the lien. But it’s a significant step with long-term consequences, and there’s no guarantee. It’s best to talk to a bankruptcy attorney before going this route, because it could also impact your ability to get a mortgage loan.

Need Help Navigating Property Liens?

At Associates Home Loan, we’ve helped thousands of homeowners and buyers who have nontraditional income sources, unique home scenarios, and credit challenges tackle mortgage financing successfully. Whether you’re refinancing, purchasing a home, or dealing with a legal roadblock, our expert loan specialists can help.

We offer flexible loan solutions, fast approvals, and one-on-one support tailored to your needs. Get started with Associates Home Loan today — and move forward with confidence.

Frequently Asked Questions

Will a lien affect my credit score?

Not directly. Most property liens aren’t reported to credit bureaus, but the underlying debt — especially if it involves collections or a court judgment — can impact your credit.

Is a lien the same as foreclosure?

No. A lien is a legal claim, while foreclosure is a legal process where the lender takes ownership of the home due to unpaid mortgage debt. A lien can lead to foreclosure, but they’re not the same thing.

When does a lien go away?

A lien is removed once the debt is paid and the proper paperwork is filed. However, some creditors fail to officially release the lien, so it can remain on record until action is taken by the homeowner.

What if a lien isn’t removed from public records?

Even after payment, a lien can stay on record if the creditor doesn’t file a release. Homeowners must often request, notarize, and submit lien release documents to the county themselves.

Does title insurance protect against liens?

Title insurance can protect homeowners from undiscovered or invalid liens, such as recording errors, fraud, or past claims, but it won’t cover valid, recorded liens that are already in place.

Do liens expire?

Yes, liens do expire in Florida, but the specific timeframe varies depending on the type of lien. Generally, judgment liens last for 10 years, while construction liens are valid for one year.