Judgment Lien Search Information
Judgment lien searches are essential in property transactions because: a recorded judgment creates an automatic lien against all real property owned by the judgment debtor in that county, the lien must be satisfied before clear title can be conveyed, and the buyer may acquire the property subject to the lien if it is not identified and resolved. Types of judgments that create liens include: civil money judgments (from lawsuits), divorce judgments (equitable distribution obligations), federal tax liens (filed by the IRS), state tax warrants (filed by the Florida Department of Revenue), child support judgments, and bankruptcy trustee claims. The search is conducted in: the official records of the county (for recorded judgments), the circuit court records (for judgments that may not yet be recorded), and federal court records (for federal judgments and tax liens).
Florida Legal Definition
Judgment liens in Florida are governed by Florida Statutes §55.10. Under §55.10(1), a judgment becomes a lien on the judgment debtor's real property when a certified copy of the judgment is recorded in the official records of the county where the property is located. Under §55.10(2), the judgment lien is effective for 10 years from the date of recording and may be extended for an additional 10 years by re-recording a certified copy. Under §55.10(3), the judgment lien has priority as of the date and time of recording (later than the property's mortgage but potentially creating a cloud on title). Under §55.141, a proper lien search must check: the records of the clerk of circuit court (for judgments entered in that county) and the official records (for judgments recorded from other counties or federal courts).
How It's Used in Practice
In practice, attorneys conduct judgment lien searches as part of title examination. The attorney: searches the official records for recorded judgments against the seller (matching the seller's name, including variations), searches the circuit court records for pending litigation that may result in judgments, searches federal court records for federal judgments and tax liens, evaluates each identified lien (confirming the debtor is the same person as the seller, not just a person with a similar name), and ensures all valid liens are satisfied at closing (from the seller's proceeds). Common issues include: name matching problems (a lien appears against a person with the same name as the seller but who is not the same person), expired liens (which should be released but are still appearing in the records), and federal tax liens (which require special procedures for release and may survive a foreclosure for a limited period).
Key Takeaways
- Judgment liens: automatic liens on real property when recorded.
- Effective for 10 years; extendable for 10 more (§55.10).
- Must search: official records, circuit court, and federal court.
- Name matching critical; confirm debtor is the same person as seller.
- All valid liens must be satisfied at closing.
Disclaimer: The information and opinions provided are for general educational, informational or entertainment purposes only and should not be construed as legal advice or a substitute for consultation with a qualified attorney. Any information that you read does not create an attorney–client relationship with Barnes Walker, Goethe, Perron, Shea & Johnson, PLLC, or any of its attorneys. Because laws, regulations, and court interpretations may change over time, the definitions and explanations provided here may not reflect the most current legal standards. The application of law varies depending on your particular facts and jurisdiction. For advice regarding your specific situation, please contact one of our Florida attorneys for personalized guidance.
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