Question 1

How is a judgment enforced against Florida real property?

Accepted Answer

Enforcement against real property involves several steps: (1) Record a certified copy of the judgment in the official records of the county where the property is located (this creates the judgment lien). (2) Verify the property is not exempt (homestead property is protected under Article X, Section 4). (3) File a motion to sell the property through proceedings supplementary (Section 56.29). (4) The court orders the sale and appoints a special master or uses the clerk’s sale process. (5) The property is sold at public auction. (6) Proceeds are distributed: first to any superior liens (mortgages, tax liens), then to the judgment creditor. If the property is subject to a mortgage, the judgment creditor’s lien is typically junior to the mortgage.

Question 2

Can a Florida judgment be enforced against homestead property?

Accepted Answer

Generally no. Florida’s homestead exemption (Article X, Section 4, Florida Constitution) is one of the strongest in the nation: there is no dollar limit on the homestead exemption (even a multi-million-dollar home is protected), the exemption applies to the debtor’s primary residence on up to half an acre within a municipality or 160 acres outside a municipality, and the protection cannot be waived (except by mortgage, mechanics lien, or property tax lien). Exceptions where homestead can be reached: mortgages and purchase money liens, property tax liens, construction liens (Chapter 713) for work performed on the homestead, and HOA/condo assessments.

Question 3

How does a judgment creditor collect from Florida property proceeds after a sale?

Accepted Answer

When property is sold (either through forced sale or the debtor’s voluntary sale), the judgment lien must be satisfied before the debtor receives net proceeds. The title company handling the sale will: identify all recorded liens through a title search, require satisfaction of all liens as a condition of issuing title insurance, pay liens in priority order (tax liens first, then mortgages by recording date, then judgment liens by recording date), and distribute any remaining proceeds to the seller. If the property is sold for less than the total liens, the judgment creditor may receive nothing from the sale but the judgment remains enforceable against other assets.

Judgment Enforcement Against Property

Judgment Enforcement Against Florida Property

Enforcement Steps

Homestead Protection

Lien Priority at Sale

Related Terms

Barnes Walker Creditor Rights

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