West Palm Beach, FL asked in Contracts and Real Estate Law for Florida

Q: I win a final judgement for $3000. How much would it cost to put a lis pendens on a property of the losing party.

Related Topics:
2 Lawyer Answers
Jonathan A. Klurfeld
Jonathan A. Klurfeld
Answered
  • Boca Raton, FL
  • Licensed in Florida

A: All you need to do is record the judgment against the property; as long as your judgment conforms to the requirements and has the property address for Defendant in the judgment. It costs a few dollars to record the judgment. But if it is the homestead of Defendant the lien doesn't attach anyway and likely a waste of time.

Jennifer Isaksen
Jennifer Isaksen
Answered
  • Bushnell, FL
  • Licensed in Florida

A: Your judgment is automatically recorded in the public records, but in order to create a lien against real property, you must go to the Clerk and purchase a certified copy of your judgment and re-record it in the public records. That would stand as a lien against real property and attach to any newly acquired real property for a period of 10 years. If you still haven't been paid, you can record again before the expiration of the 10 year period to extend the life of the lien. Once this process is completed, you can initiate foreclosure proceedings, as long as the property is not homestead.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.