Question 1

When does a judgment lien attach to Florida real property?

Accepted Answer

A judgment lien attaches to real property in a specific county at the time the certified copy of the judgment is recorded in that county’s official records. The attachment is immediate upon recording. The lien attaches to: all non-exempt real property currently owned by the debtor in that county (including undeveloped land, commercial property, investment property, and interests in real property such as tenancies in common), any non-exempt real property the debtor acquires in that county during the 20-year lien period, and the debtor’s interest in jointly held property (subject to co-ownership protections). The lien does not attach to: homestead property (exempt), property in other counties (must be separately recorded), and property held in entities (LLC, trust) unless the debtor is the direct owner of record.

Question 2

Does a Florida judgment lien attach to property held in an LLC or trust?

Accepted Answer

Generally no. A judgment lien attaches to property owned by the judgment debtor; if the property is titled in the name of an LLC, trust, or corporation, the lien against the individual debtor does not directly attach to the entity’s property. However, the creditor may: seek a charging order against the debtor’s LLC membership interest (Section 605.0503), argue that the entity is the debtor’s alter ego (piercing the corporate veil), claim the entity was created as a fraudulent transfer to avoid the judgment, or levy on the debtor’s ownership interest in the entity. This is why entity planning is an important component of asset protection: properly structured Florida LLCs and trusts can shield property from individual judgment liens.

Question 3

How does a judgment lien affect a debtor who acquires new Florida property?

Accepted Answer

Once a judgment lien is recorded in a county, it attaches to any non-exempt real property the debtor later acquires in that county. This means the debtor cannot purchase investment property, vacant land, or other non-exempt real property in that county without the property being immediately encumbered by the judgment lien. The title company handling the purchase will discover the existing judgment lien during the title search and require satisfaction before issuing title insurance. This "after-acquired property" attachment is one of the most powerful features of the judgment lien and is why creditors should record in every county where the debtor might purchase property.

Judgment Lien Real Property Attachment

Judgment Lien Attachment to Florida Real Property

What Attaches

What Does Not Attach

Entity-Owned Property

After-Acquired Property

Related Terms

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