March 28, 2008

Florida Judgments

Filed under: Credit Reports,Judgment

I live in Florida and have an unpaid judgement on my credit report. I am wondering how long it takes in Florida for the judgement to clear off of my credit report.

Crystal

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Hi Crystal,

The statute of limitations for judgments in Florida may be up to twenty-years.  Auf Wiedersehen Judgment and Passed Judgment answer your questions from a credit reporting standpoint.

Since we made a topic on Florida judgments, I thought I’d share this piece of information regarding removing a Florida judgment lien from homestead property prior to a refinance, full sale, or short sale.

F.S. 222.01(2) provides the means and form for filing a “notice of homestead in the public records of the county in which the homestead property is located” and wa-la forty-five days later the judgment lien “shall be deemed as not attaching to the property by virtue of its status as homestead property as to the interest of any buyer or lender, or his or her successors or assigns, who takes under the contract of sale or loan commitment described above within 180 days after the filing in the public records of the notice of homestead.”

I can’t tell you how many judgments have been unnecessarily paid off in order to sell or refinance a Florida homesteaded property or how many judgments in Florida have prevented a short sale, but I can assure you there would be quite a few more well pleased buyers and sellers if more people were aware of this statute.

Thanks for the questions and hope this helps.

Paul

(source= leg.state.fl.us/Statutes)

This author is not an attorney and this information should not be considered legal advice.  Please consult an attorney for legal advice.

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