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Issue: Under Florida law, is property obtained after a judgment lien is filed subject to the lien?
| Area of Law: | Litigation & Procedure, Real Estate Law |
| Keywords: | Judgment lien; Property obtained after judgment lien |
| Jurisdiction: | Florida |
| Cited Cases: | 14 So.2d 667; 528 So. 2d 947; 961 F.2d 170 |
| Cited Statutes: | Fla. Stat. Ann. § 55.10(1) |
| Date: | 02/01/2001 |
The relevant portion of the Florida statutes provides that
[a] judgment, order, or decree becomes a lien on real estate in any county when a certified copy of it is recorded in the official records or judgment lien record of the county . . . and it shall be a lien for a period of 7 years from the date of the recording.
Fla. Stat. Ann. § 55.10(1) (West 1994).
In B. A. Lott, Inc. v. Padgett, 153 Fla. 304, 14 So.2d 667 (1943), the court considered a judgment lien that arose from a judgment rendered in federal court. The court indicated that judgments rendered by a federal court create liens in the judgment debtor’s property in the manner and to the same extent as judgments arising out of state court. Id. at 668. In that case, a judgment lien had arisen on the deficiency judgment in 1933; under the law then in effect, it was to remain valid for a term of twenty years. The court, in determining the property subject to the lien, explained that, “[w]hen the decree was entered in the United States District Court it became a lien on real estate belonging to the judgment debtor in Dade County, Florida, as well as any thereafter acquired by him during the life of the judgment.” Id. at 669. […]