Can my credit card or medical creditor put a lien on my homestead?
In Florida, an unsecured judgment creditor is barred from foreclosing on the homestead property of a debtor pursuant to Art. V of the Florida Constitution. Although an unsecured judgment creditor may record a lien on homestead for its judgment debt, it cannot foreclose on the property to get paid, and the debtor can seek removal of the lien if it is an infringement on homestead rights. Hire Deborah Higgins, Esq., to seek that remedy in court if you need such liens removed from your homestead property.
Sometimes an unsecured judgment creditor will record a lien in the chain of title to homestead property, even though they know they can't foreclose on your home to get paid, because you may voluntarily pay the lienholder when you try to refinance or sell your home. Most people are not aware of their right to have the lien removed and here is what can occur: You arrange a closing on a refinance or sale of your homestead. When the title company is contacted to underwrite title insurance, they search the title and then call to tell you they found this lien and they are not willling to issue title insurance because of the lien. You ask what can be done, and the title company will often tell you that if you pay the lien, they can issue the insurance and the deal can close. You may or may not be told that youhave other options, such as having the lien removed without paying it.
Please call Deborah Higgins, Esq., to seek removal of the lien as an infringement on homestead if you would like to remove the lien without paying it to clear it from the chain of title, allowing the title company to issue insurance and the closing to take place.