Power of Judgment Liens and Priority of Judgment Liens

The priority of liens matter. A recent case, Aquastar Holdings, LLC v. Peckar & Abramson, P.C., 50 Fla.L.Weekly D1333b (Fla. 3d DCA 2025), discusses the priority of a judgment lien and the difference between a judgement lien and another type of encumbrance, such as a mortgage. In this case a judgment creditor recorded a judgment lien which created a lien on real property owned by the judgment debtor. After the judgment lien was recorded, a mortgage was placed on the only property owned by the debtor. The judgment creditor had the property sold at a sheriff’s auction when it executed...

09 June

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Risk in Purchasing Property Subject to a Pending Foreclosure and Lis Pendens

Posted by David Adelstein

in Trial Perspectives

When real property is the subject to a pending foreclosure action where there is a lis pendens (a formal notice), a buyer that purchases the property does so at his own risk because he is on notice that the property is subject to the foreclosure action [through the lis pendens]. Bymel v. Bank of America, N.A., 159 So.3d 345, 346 (Fla. 3d DCA 2015). The buyer is not permitted to intervene in the pending foreclosure action. See id. at 346-47. In a recent case, The Bank of New York Mellon v. HOA Rescue Fund, LLC, 43 Fla.L.Weekly D1312b (Fla. 2d DCA 2018),...

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Power of Judgment Liens and Priority of Judgment Liens

Risk in Purchasing Property Subject to a Pending Foreclosure and Lis Pendens