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May a third party bidder seek to nulify a judgement clouding title to a former owner's homestead?

I bought at the forclosure auction in Lee County. The defendant had a personal judgement recorded against his name 2 month prior to the lis pendis. A.I. legal tells me that: because this was a homestead, the judgement cannot attach to the property and I should file a 222.01 affidavit of homestead for him. Notify the creditor. Wait 45 days and the judgement is deemed unenforceable. An attorney tells me that AI is halucinating and that only an owner can seek homestead protection. Who is correct?

Posted 2 days ago
  
  
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Correct, it shouldn't attach to a homesteaded property - BUT it's still probably going to get flagged as a title defect when you try and sell by any credible title company. This will require you to either do a quiet title action or satisfy the judgment. You might find it cheaper to just negotiate with the creditor to have them release rather than pay for a quiet title action.

**Now for the "IFs" **

If the creditor WAS named in the LP/FJ: The final judgment of foreclosure extinguished their junior interest. The fact that their judgment was recorded two months prior to the lis pendens just means the plaintiff's attorney found them in the public records and rightly included them as a subordinate defendant. You take the property free and clear of this specific judgment, and the homestead status is entirely irrelevant.

If the creditor was NOT named: They are considered an "omitted party." Because they were not legally removed by the court, their recorded judgment survives the auction and remains a serious cloud on your title.

Homestead variables:

If the homestead exemption WAS active: You have a highly winnable case. The Lee County property appraiser's tax roll serves as public, government-verified proof that the defendant claimed the property as their permanent residence. A judge will heavily rely on this to rule in your favor, allowing you to clear the title.

If the exemption was NOT active: You face an evidentiary nightmare. While the tax exemption is not strictly required to claim constitutional homestead protection, proving homestead without the tax roll requires showing the former owner's driver's license, utility bills, or voter registration. Obtaining this evidence without the former owner's cooperation is extremely difficult. You will likely be forced to negotiate a cash settlement with the judgment creditor to voluntarily release the lien.

Posted 2 days ago
  
  
Damon Simons
228 × 5 Administrator
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1 Answer
2 days ago
2 days ago

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