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Updated about 4 years ago on . Most recent reply

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Florida homestead sale with judgement lien

Posted

Hello,

I had a question regarding a judgment lien against a homestead property. From my understanding based on Florida statue 222.01(2) article 10, Section 4, creditors cannot have a lien against your primary residence. If a lien does get added to their primary residence, they can request to have it removed by court notice. I understand taxes, construction and mortgage liens do not get exempt from this protection. From what I have been researching any proceeds from the sale of the property can only be protected if and when those sale proceeds are to be used to purchase the next homestead property in a reasonable time. 

These are my questions: 

1) Can someone sell their homestead property that had liens from a creditor to a family member at a lesser then market value to cover their existing mortgage? If so, would those liens no longer apply to the new ownership?

2) If they own a second property, the liens would continue to be valid but only on the second property correct?

I appreciate any insight. Thank

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