In last month's blog, I discussed different methods to use when attempting to collect on a money judgment in Jupiter, Palm Beach County and throughout Florida. One of the methods discussed was the recording of the judgment in the official records of any county where the judgment debtor may own land or real property. This blog post will cover more details regarding recording of final judgments in Palm Beach County and any other county in Florida.
In order for a recorded judgment to act as a lien against real property, the provisions of Florida Statutes §55.10, pertaining to judgments, orders and decrees, must be followed. Subsection (1) of this Florida Statute provides as follows:
A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order or decree or an affidavit with such address is simultaneously recorded with the judgment order or decree.
Subsection (1) also provides that any judgment recorded pursuant to this subsection on or after July 1, 1994, "shall be a lien in [the county where it was recorded] for an initial period of 10 years from the date of the recording." After the initial 10 years, the judgment lien may be extended by rerecording a certified copy of the judgment "prior to the expiration of the lien." F.S. §55.10(2). No judgment liens created by Florida Statutes §55.10 are valid for more than 20 years. F.S. §55.10(3).
As I've said before, there are additional rules and nuances contained within Florida law that must be followed. If you are interested in retaining my services to attempt to obtain a judgment and then collect on it for money that is owed to you or your company in Jupiter, Palm Beach Gardens or throughout Florida, please feel free to contact me at (561) 602-4447 or [email protected] or visit my website at http://elizabethmontgomerylaw.com.
In order for a recorded judgment to act as a lien against real property, the provisions of Florida Statutes §55.10, pertaining to judgments, orders and decrees, must be followed. Subsection (1) of this Florida Statute provides as follows:
A judgment, order, or decree becomes a lien on real property in any county when a certified copy of it is recorded in the official records or judgment lien record of the county, whichever is maintained at the time of recordation, provided that the judgment, order, or decree contains the address of the person who has a lien as a result of such judgment, order, or decree or a separate affidavit is recorded simultaneously with the judgment, order, or decree stating the address of the person who has a lien as a result of such judgment, order, or decree. A judgment, order, or decree does not become a lien on real property unless the address of the person who has a lien as a result of such judgment, order, or decree is contained in the judgment, order or decree or an affidavit with such address is simultaneously recorded with the judgment order or decree.
Subsection (1) also provides that any judgment recorded pursuant to this subsection on or after July 1, 1994, "shall be a lien in [the county where it was recorded] for an initial period of 10 years from the date of the recording." After the initial 10 years, the judgment lien may be extended by rerecording a certified copy of the judgment "prior to the expiration of the lien." F.S. §55.10(2). No judgment liens created by Florida Statutes §55.10 are valid for more than 20 years. F.S. §55.10(3).
As I've said before, there are additional rules and nuances contained within Florida law that must be followed. If you are interested in retaining my services to attempt to obtain a judgment and then collect on it for money that is owed to you or your company in Jupiter, Palm Beach Gardens or throughout Florida, please feel free to contact me at (561) 602-4447 or [email protected] or visit my website at http://elizabethmontgomerylaw.com.
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