|
TYPE OF
LIEN/STATUTE |
RECORDING
REQUIREMENTS |
DURATION |
PRECAUTIONS |
|
FL Circuit or
County Court Money Judgments 55.10 F.S. |
Certified Copy in
Public Records of County where land located |
Recorded before
7/1/87 - 20 years. On/After 7/1/87 - 5 years, renewable for 5 years |
|
|
Foreign Judgments |
Same. (Priority on
recordation - May differ from date of enforceability) |
Same |
Same as FL court
judgment. (see 55.501 - 509 re-enforcement) |
|
Federal Judgments
in favor of private persons 28 USC 1962, 1963 |
Certified Copy FL
Fed. Dist. Ct. Judgment or registered foreign Fed. Ct. Judgment in
Public Records of County |
Same |
Same as FL court
judgment |
|
Judgments in favor
of U.S. -
28 USC 3201 |
Same. 713.901 F.S.
|
Twenty years from
recording.
Can be renewed. |
Takes priority over
purchase money mortgage |
|
Code Enforcement
Lien
Chapter 162 F.S. |
Certified Copy of
Order recorded in Public Records of Court |
Twenty years |
Lien against all
of real and personal property. (e.g. mortgage being assigned.) Check
for super priority ordinance. Do not rely on lis pendens to bar |
|
Municipal Liens -
Public Utility Bonds Chapter 159 F.S. |
Not required to
record lien |
Until paid |
Same priority as ad
valorem real estate taxes.
See also Chapter 170
F.S. |
|
Welfare Liens
402.33 F.S. |
Certified or
uncertified lien recorded in Public Records |
As long as named
person alive plus three years |
Obtain release from
Dept. Health & Rehab. Services |
|
Public Defender
Liens 27.56 F.S. |
Certified or
uncertified judgment recorded in Public Records |
Same as general
judgment |
Obtain release from
Board of County Commissioners |
|
Restitution Liens
775.089 F.S. |
Certified or
uncertified judgment recorded in Public Records |
Same as general
judgment |
|
|
Attorney Charging
Liens |
Notice filed in
Public Records (Do not ignore even if you do not find court order) |
Same duration as
55.10 judgments |
Look for these in
lawsuits involving disputes as to real property (divorce quiet
title, probate, etc.) |
|
Marital &
Child Support 61.14 F.S. |
Statement of
Delinquency from Support Depository recorded in Public Records |
If after general
judgment, call underwriting |
If temporary support
order entered, period, call underwriting there may be arrearages in
final decree. If a certified copy of final judgment is recorded, a
"payoff statement" should be obtained from depository. In
that case, call underwriting |
|
Florida Corp.
Income Tax
220.813 - 825 F.S. |
Notice recorded in
Public Records where land located |
Twenty years - 95.091
F.S. |
|
|
State Tax Warrants
213.05 F.S.:
various revenue laws |
Record warrant in
Public Records |
Twenty years, unless
recorded more than five years prior to 7/1/87 |
Authority to issue
warrants:
213.69 F.S. Also see
210.14 (tobacco) & 443.141(3)(a) (unemployment compensation) |
|
Federal Tax Liens
26 USC 6502 &
6323(g)(3) |
Individual: Notice in
Public Records where land located and where taxpayer resides |
Prior to 11/5/90 - 6
years may be refiled within 6 years and 30 days. Call underwriting
if refiled later.
After 11/5/90 - 10
years, may be refiled within 10 years and 30 days. |
May be enforced
against homestead. Mortgage Assignments - need to check both where
land located and where assignor resides. Mortgage optional future
advances do not have priority |
|
|
Corporation,
Partnership, Trust, Estate: Notice in Public Records where land
located and Florida Secretary of State. See 713.901, F.S. |
Same |
For Mortgage
Assignment - need to check where land located and Florida Secretary
of State. Mortgage optional future advances do not have priority |
|
Condominium Assoc.
Liens
718.116 F.S. |
Record Condo. Docs.
in PR’s.
Record Claim of Lien
in PR’s. |
One year after filing
claim of lien unless file suit to foreclose lien |
Establish priority:
Against owners/ purchasers - from recording condo docs. Against
mortgagees - from recording claim of lien. Use ALTA 4.1 |
|
Homeowners’
Assoc. Liens |
Lien Pursuant to
power in recorded restrictive covenants |
See covenants. Not
equivalent to condo 1 year limitation.
See 95.11(2)(b) F.S. |
Obligations
contractual. Must review covenants. Use ALTA 5.1 |
