Re: NEW Florida Lien Law

Posted by Why Chat (209.240.222.130) on August 12, 2002 at 16:52:08:

In Reply to: Re: NEW Florida Lien Law posted by poor lawyer on August 12, 2002 at 12:19:48:

I am aware that in YOUR State the terms may mean what you say, however each State has a different interpretation. In FLORIDA in addition to the requirement to refile the certified JUDGEMENT LIEN by Oct. 2003, there was another change that affected real estate, including the encumberance of homesteaded property. None of these changes affected the way in which an EXECUTION of the liens are performed.
In short, if you have a pre 2001 judgment in Fl. do not try to settle anything, unless and until you see if it is .
a- refiled prior to Oct 2003
b- refiled for real property and all other causes prior to the schedule listed here;
The law relating to liens of judgments has changed once again. On June 13, 2000, the Governor signed into law Chapter 2000-258, Laws of Florida. This act makes significant changes to the laws relating to the liens of judgments. and gives us a tool to use when dealing with judgments and claims of homestead.

Florida Statute §55.10 has been amended to provide that the initial lien period shall be seven (7) years from the date of recording a certified copy of the judgment. The lien period may be extended for an additional period of ten (10) years by re-recording a certified copy of the judgment which shows the current address of the person who holds the judgment, or by simultaneously recording an affidavit showing the current address of the person who holds the judgment, prior to the expiration of the 7-year period. This additional 10-year period shall be effective from the date of the re-recording of the judgment.
In other words, judgments in this state can now be liens upon real property in Florida when a certified copy of the judgment is recorded as follows:
Prior to July 1, 1987: The lien period shall be 20 years from the date of entry of the judgment.
 
On or after July 1, 1987, and prior to July 1, 2000: The initial recording creates a lien for a period of seven (7) years which may be renewed for an additional 7 years, and may again be renewed or extended for an additional period which extends the lien of the judgment for a period of time not to exceed 20 years from the date of the entry of the judgment.
 
On or after July 1, 2000: The initial lien period shall be 7 years with an additional 10-year extension.
Keep in mind that in order to become a valid lien on real property, the recording must be of a certified copy of the judgment. Further, any recording or re-recording of a certified copy of a judgment entered on or after October 1, 1993, must include the current address of the judgment holder or an affidavit, simultaneously recorded with the judgment, which contains the current address of the judgment holder.
Additionally, the provisions of Florida Statute 55.081 state that "No judgment shall be a lien upon real or personal property after the expiration of 20 years from the date of the entry of such judgment."
 

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