What Is an Abstract Judgment?
An abstract judgment (also called an abstract of judgment) is a certified summary of a court judgment issued in a civil lawsuit. When recorded with the county clerk, it creates a lien against all real property owned by the judgment debtor in that county. The lien gives the judgment creditor security interest in the debtor's real estate, similar to how a mortgage secures a loan.
Florida Judgment Lien Law
Judgment liens in Florida are governed by Section 55.10, Florida Statutes:
- Recording — A certified copy of the judgment must be recorded in the official records of each county where the debtor owns property. The lien attaches only in counties where it is recorded.
- Duration — A judgment lien lasts 10 years from the date the judgment was entered and can be extended for an additional 10 years by re-recording before the original lien expires.
- Priority — Judgment liens are generally subordinate to previously recorded mortgage liens and tax liens. Priority among judgment liens is determined by recording date.
- Homestead protection — Florida's homestead creditor protection generally prevents judgment creditors from forcing the sale of the debtor's homestead property, though the lien remains and must be addressed if the debtor ever sells.
Impact on Real Estate Transactions
A judgment lien is identified during the title search and must be satisfied before the seller can deliver clear title. The title company will require the judgment to be paid from the seller's closing proceeds or negotiated to a reduced amount (judgment settlement).
If the judgment debtor is buying property, the judgment lien attaches to the new property immediately upon recording the deed. Some buyers are surprised to learn that outstanding judgments follow them to new purchases.
Related Terms
- Lien — A judgment lien is a type of involuntary lien
- Clear Title — Requires satisfaction of judgment liens
- Homestead Creditor Protection — Shields homestead from forced sale
- Title Search — Identifies judgment liens
Barnes Walker Judgment Lien Services
Barnes Walker's attorneys assist creditors in recording and enforcing judgment liens, and represent property owners in resolving judgments at closing. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC