Question 1

What is a judgment lien search in Florida?

Accepted Answer

A judgment lien search is a search of the official records and court records to identify any recorded judgment liens against a specific person or entity. In Florida, the search is conducted as part of the title examination process for any real estate transaction. The search covers: the official records of the county where the property is located (for recorded judgments), the clerk of court’s database (for pending cases and judgments not yet recorded), federal court records (for federal judgments and tax liens), and bankruptcy court records (for bankruptcy filings that may affect lien priority). Title companies and attorneys perform these searches to ensure that the buyer or lender receives clear title.

Question 2

How is a Florida judgment lien search conducted?

Accepted Answer

Search methods: the official records are searched by the property owner’s name (not by property address or legal description). This means the searcher must check every variation of the owner’s name (maiden name, former names, alternate spellings). Many Florida counties have online official records search portals. The clerk of court’s case management system is searched for pending lawsuits that might result in future judgments. The U.S. District Court records are searched for federal judgments. The Florida Department of State records are searched for UCC liens and judgment lien certificates. A comprehensive search covers a minimum of 20 years (the judgment lien duration).

Question 3

What should be done if a Florida judgment lien search reveals a lien?

Accepted Answer

If a lien is found: determine whether the lien is against the current property owner or a predecessor in title. If against the current owner: calculate the payoff amount and require satisfaction at closing. If against a predecessor: verify whether the lien was properly addressed when the current owner acquired the property (was it satisfied? was title insurance obtained?). Check whether the lien has expired (20-year limit). Verify whether the lien attaches to the property (is it homestead?). Contact the creditor to obtain a payoff letter. Negotiate a reduction if the debtor has leverage. Record the satisfaction upon payment. Title insurance provides protection against liens that were not discovered during the search.

Judgment Lien Search

Judgment Lien Searches in Florida

Search Scope

Search Method

Handling Discovered Liens

Related Terms

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