1. A properly perfected judgment creates a lien against real property owned by the losing party in the amount of the judgment.
2. If a judgment was recorded on or after July 1, 1994, the lien will encumber the property for 10 years after the date of recording, and may be extended for an additional 10-year period by re-recording a certified copy of the judgment.
3. A lien cannot last beyond 20 years from the date of entry of the original judgment.
4. When a judgment is recorded, it takes priority over any liens recorded thereafter and maintains its priority as long as it exists.
5. If the judgment lien is not extended, creditors in second place and beyond get to jump first place creditors until their lien expires in the 10 year validity period. 1. If a judgment is re-recorded prior to its expiration, the lien maintains priority as of the date of the original judgment.
2. Filing for an extension of the judgment lien’s life allows the creditor to maintain priority over any liens recorded after its original date of recording and after its date of extension.
3. Allowing the judgment lien to lapse before filing for an extension results in the lien ceasing to exist, and a newly re-recorded judgment lien takes no priority over previously-recorded liens. 1. The Franklin decision provides for equitable treatment of judgment creditors who have not been able to satisfy the judgment during the first 10 years of the lien’s life.
2. As per the Franklin decision, re-recording the lien prior to its expiration allows it to continue taking priority over any subsequent liens.
3. Parties in Florida who receive a money judgment and record a lien against real property must be aware of when the lien expires and re-record it before the initial 10-year period ends to maintain priority over subsequent lien holders.
4. Florida’s Constitution provides protections for homestead property, including a bar against judgment liens attaching to one’s homestead.
https://www.jimersonfirm.com/blog/2019/05/judgment-lien-florida/
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