(33) By the time the language of the Bankruptcy Act was liberalized to grant broader Judgment Lien
Creditor rights to estate representatives, and to remove the gap described above, the case law precluding exercise of personal creditor rights was so well-entrenched that the courts simply did not or could not re-evaluate the "old learning." (34) As will be seen in the discussion that follows, it appears that the "old learning" has persisted, revived, in part, by judicial misinterpretations of a Supreme Court decision decided under the Bankruptcy Act--Caplin v.
are basically "first in time" liens, as are tax liens, which certainly does not seem like it would be complicated.
As discussed earlier, under prior case law the judgment creditor was required to serve all judgment debtors in a revival action and not merely those with interests in property subject to a judgment lien
, (31) except for legal representatives of deceased defendants or dissolved legal entities.
In fact, the court reached this conclusion despite the Florida Supreme Court's 1998 ruling in Ilkanic that judgment liens
can be imposed on homestead property.
Under the majority opinion in the state of Florida, and prior to Cannon, this was easily handled in the bankruptcy court as it could expediently deliver a [section] 522(f) ruling that avoids the judgment lien
's attachment on the homestead.
4th DCA 2006), the judgment lien
in question, either 1) did not previously exist because a certified copy of the judgment was not properly recorded, or 2) the judgment lien
had expired, not having been re-recorded prior to expiration.
The new law charges the Florida Department of State with maintaining a state database of judgment lien
After a judgment is entered in favor of the judgment-creditor against the judgment-debtor, the judgment-creditor may obtain a lien against the judgment-debtor's real property by recording a certified copy of the judgment in the county in which the judgment debtor owns real property; (10) and against the judgment-debtor's personal property by filing a judgment lien
certificate (11) in the office of the Department of State.
This means that upon the bankruptcy filing, a debtor, or a creditors' committee in Chapter 11), may act as a hypothetical judgment lien
creditor with the ability to unseat prior, unperfected liens.
As most of us know, there is a difference between a retaining lien, a charging lien, and a judgment lien
. A retaining lien is a lien for payment of services against client property in the attorney's possession regardless of whether the property is related to the matter for which money is owed to the attorney.
Any mortgage or judgment lien
recorded after work began on the property will be inferior to the mechanic's lien.
The Florida Legislature in the 2000 Legislative Session established a centralized system for perfecting and prioritizing judgment liens
on personal property by filing of a judgment lien
certificate with the Department of State, to be maintained in a statewide database accessible online.