Can I buy a person’s homestead property free of any judgments that may be against the owner of the property?
The answer is yes, depending on what kind of judgments there are against him. The Florida Constitution provides that your homestead cannot be attached by creditors. So if someone sues you and obtains a judgment against you, they cannot take your home away from you. There is a specific provision in the statutes that allow you to sign an affidavit, send it to your creditor and they have 45 days in which to object as to the homestead status. After which time you can then sell the property and the seller can sell the property and does not have to pay the judgment creditor.
As far as a buyer is concerned, they usually need to rely upon obtaining title insurance to be insured against these judgment liens attaching. If the seller does have a judgment, well then I would strongly suggest a buyer not rely upon this video or anything else, but require that he receive title insurance insuring that the judgment lien does not attach.
The seller, if they would like to contact my office to follow up on how they can sell the property without having to pay a judgment creditor, well, give me a call.
Now there are certain judgments that do attach, such as child support, that’s one. Also any federal tax liens that may come in, the federal taxes preempt state law and the Florida constitution. So most judgment liens do not attach to homestead, however, there are some exceptions. So, if you are a buyer, be sure to get title insurance; if you are a seller call me and we can go over it to determine whether or not you have to pay these judgment liens in order to sell your property free and clear of the judgment.
Give me a call at 727-847-2288. Thank you.