By: Scott J. Kennelly & Mark S. Mitchell
A lien is a type of security interest that attaches to property, both real and personal, to secure payment of a debt or performance of an obligation. Generally, there are two types of liens: consensual liens and nonconsensual liens. A consensual lien is typically acquired through an agreement or contract, such as a mortgage lien on real property or a UCC-1 security interest on personal property securing payment of a promissory note. A nonconsensual lien typically arises by statute, such as a tax lien for the failure to pay income taxes, or by operation of law, such as a judgment lien.
To acquire a valid judgment lien, there must be the following:
- An entry of a monetary judgment by a court (rather than a non-monetary judgment such as a foreclosure judgment);
- The judgment must include the address of the judgment creditor, [1] the party in favor of whom the judgment is entered [Fla. Stat. §55.10(1)];
- The judgment must include the address of the judgment debtor, the party against whom the judgment is entered [Fla. Stat. §55.01(2)]; and
- The judgment should contain the language “for which sum let execution issue.”