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