LiensJudgment Lien on Real Property
Section § 697.310
If you want to put a lien on someone's real estate because they owe you money from a court judgment, you need to file an official document, called an 'abstract of judgment,' with the local land records office. This lien typically lasts for 10 years, unless it's paid off or officially removed, although there are rules for extending it. This process applies even if the money owed is supposed to be paid in parts over time.
Section § 697.320
This law explains how to create a judgment lien on real estate by recording certain documents, like a notice of support judgment or an interstate lien form, with the county recorder. It lists two types of judgments that can create a lien: installments for child, family, or spousal support, and health care provider judgments requiring periodic payments. The lien remains until the debt is paid or the lien is released. Specifically, liens for child, family, or spousal support continue as long as the judgment is enforceable, while health care provider liens last ten years but can be extended through rerecording.
Section § 697.330
This law explains how to create a lien on real property when a money judgment is made under workers' compensation. If the judgment is a lump sum, you can make it a lien by recording an abstract of the judgment. For installment payments, you need to record a certified copy of the judgment. These liens follow rules similar to those for other judgment liens unless specific workers' compensation provisions say otherwise. This section also clarifies that it does not change any rules in the workers' compensation laws.
Section § 697.340
This law explains how a judgment lien on real property works. A judgment lien attaches to any present or future interests in real property located in a specific county, as long as it can be enforced against the person who owes the judgment. However, it doesn't cover rental payments, short-term leases, trust benefits, or property transferred before a court judgment under an attachment lien. If someone acquires new property interest after the lien is placed, the lien will attach to this new interest as well.
Section § 697.350
This law explains how a judgment lien, which is a legal claim on someone's property for debt payment, works when there is a money judgment. Generally, a judgment lien is for the amount needed to satisfy a money judgment. If the judgment requires installment payments, the lien covers the total amount needed to satisfy the entire judgment but can't be enforced for future payments unless a court allows it. Furthermore, if installments are due at specific times, the lien only applies to installments that have become due, including interest and costs, minus any payments made. The lien doesn't attach for any future installment until it becomes due as per the judgment's terms.
Section § 697.360
This law outlines how judgment liens on real property are handled when a money judgment is modified. If the judgment amount changes, this can affect the lien. If it's reduced, the lien stays as is, but if increased, the lien only covers the new amount after a new record is filed. For support judgments, if increased, the new amount counts without needing a new record, but the priority for collecting it starts when the modification happens. It also requires prompt responses to official requests about judgment liens and outlines remedies for judgement debtors following certain procedures.
Section § 697.370
This law allows a person who is owed money from a court judgment (judgment creditor) to either release or lower the priority of a claim (lien) they have on someone's real property. They can choose to release all or part of the property from the lien or allow another claim to have priority over theirs. To do this, they must provide specific details about the property, the original court judgment, and the people involved. Even if there are small mistakes in the release or priority change document, it is still valid as long as it has the necessary information. However, if they release or change the priority for one person's property, it doesn't automatically affect others involved unless those people are specifically named.
Section § 697.380
This law explains how different types of judgment liens on real property are prioritized. A 'lump-sum judgment lien' takes precedence over another lump-sum lien created later, and it also outranks an 'installment judgment lien' for any future payments, interest, or costs added after the lump-sum lien is established. Conversely, an installment lien has priority over a lump-sum lien for any installments, interest, or costs already in place before the lump-sum lien is created. When multiple installment liens are involved, the first one takes precedence for any amounts due before another is created. Finally, if two liens attach to property simultaneously, the one created first holds priority for all amounts then due.
Section § 697.390
If a property that has a judgment lien on it is sold or used as collateral for a loan without paying off the lien, the lien still sticks to the property. The property keeps the debt the same as before it was transferred, including any interest that adds up after the property is transferred.
Section § 697.400
This law explains how to officially remove or lessen a claim against someone's property because of a court judgment. If you owe money and have paid it off, or if you are paying in parts, you can record a document with the county to show it's partly or fully paid. This will clear or reduce the claim on your property. You can also record a document to change the priority of the claim if needed. These documents must follow specific rules stated in other sections for them to be valid.
Section § 697.410
This law helps someone who mistakenly appears to have a lien on their property due to a name mix-up with a judgment debtor. The property owner can request that the judgment creditor releases the lien, providing proof they are not the debtor. The creditor must release the lien within 15 days or face paying damages and a penalty. If the creditor doesn't comply, the owner can take the matter to court to get the lien removed. The court can order the creditor to remove it or do it themselves. The winning party in a court case about this issue can also get their legal fees paid. People affected can pursue other damages too.