Bradenton, FL asked in Civil Litigation, Collections and Real Estate Law for Florida

Q: Can a creditor of mine put a lien on a house that my wife and I own together? It’s our primary residence.

I am thinking about filling bankruptcy, but I have previously filed (July of 2015). So if I do decide that I need to I have seven months to wait.

2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
  • Collections Lawyer
  • Jacksonville, FL
  • Licensed in Florida

A: Yes, a creditor of yours can record a judgment that becomes a lien. What it cannot do is foreclose on the lien. Should you file and your bankruptcy is discharged, this judgment will be discharged and the lien evaporates as a matter of law.

Stephen Arnold Black agrees with this answer

Jane Kim
Jane Kim pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Naples, FL
  • Licensed in Florida

A: It depends if the home has a homestead exemption, and what type of creditor. Only a debt related to the home (i.e., mortgage or a contractor fixing your roof) may be placed as a lien against a homestead property. During a bankruptcy any junior lien to the first mortgage will be wiped out unless there is a surplus after the sale to cover other creditors in the order of priority. Again, debt unrelated to the home cannot be collected from the homestead property.

Good luck.

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