Florida  |  Criminal Law

In Florida the Homestead is protected from judgment creditors, in most all situations. Charges are not the same as a judgment. If you have been found liable to a creditor and a judgment has been entered then that creditor is judgment creditor. A finding of fraud in the underlying judgment generally has no effect on the Homestead protection which prevents a judgment creditor from forcing the sale of your home in order to satisfy the judgment. (This of course does not apply to foreclosure actions.) This does not mean that a lien can not be placed on Homestead property. In some cases a judgment creditor will still lien the property and if you sell it within 20 years then they will seek proceeds (provided the debt is still owed)

In order to claim a lien against Florida property the out of state judgment must be "domesticated" properly first.

Where the fraud issue comes into play most often is in Bankruptcy proceedings. Here a judgment based on fraud will not be discharged through a bankruptcy. Also, if the Homestead was somehow part of the fraud then a court may deny the homestead protection.

If you have a pending situation you should spend some time to personally consult with an Asset Attorney in Florida to advise you specifically.