Can You Sell a Miami Home With a Judgment Against You?
Can a judgment against you stop you from selling your Miami home?
Usually not, if the house is your primary residence. Florida's constitution shields homestead property from nearly every money judgment, and unlike most states, that shield has no dollar cap. It doesn't clear itself at the closing table, though. The judgment still shows up on a title search, and getting it off the way needs a specific legal step your title company or attorney has to walk through before anyone signs anything.
By Lynley Ciorobea | August 31, 2026
A business owner gets sued in California, loses a $4 million judgment, and moves to Florida. She buys a house in Cocoplum. Eighteen months later she wants to sell. The judgment creditor, who's been trying to collect for years, records the California judgment in Miami-Dade and figures they finally have something to attach it to.
They don't. Florida's homestead protection is strong enough that a judgment this size can sit on the public record against a person and never touch a dollar of their house equity.
That surprises people. It shouldn't. It's part of why Florida has absorbed so much wealth over the past few years: out-of-state driver's license exchanges in South Florida were up 24% in the first quarter of 2026 alone, with Miami-Dade rising 32%. Asset protection sits right alongside no state income tax on the list of reasons.
But "the house is protected" and "the sale goes smoothly" are two different questions.
What actually shows up at your closing
A recorded judgment against you as the seller doesn't vanish just because Florida law says it can't reach your homestead. It still clouds the title. Your title company will find it in the routine Miami-Dade Clerk of Courts search every closing requires, and until it's addressed on paper, it sits there looking like a real problem even when it's legally nothing of the kind.
The fix is a Notice of Homestead, filed under Florida Statute 222.01. It puts the creditor on formal notice that you're claiming the property as exempt, and gives them 45 days to contest that claim before the lien is treated as cleared. Most title companies and real estate attorneys have done this many times over. It's paperwork, not litigation, as long as the facts hold up.
Three things determine whether they hold up:
It has to be your actual primary residence. A second home in Cocoplum or a rental property doesn't qualify, no matter how long you've owned it.
There's an acreage limit. Half an acre within a municipality like Coral Gables or Pinecrest, up to 160 acres outside one. Most single-family lots in the neighborhoods I work don't come close to testing that limit.
The debt can't be tied to the house itself. Mortgages, property taxes, and contractor liens for work done on the home are never shielded by homestead protection. Those get paid at closing regardless.
Where sellers actually get tripped up
The people who run into trouble aren't usually the ones with a random lawsuit judgment. They're sellers with a second Miami property that isn't their primary residence, an out-of-state judgment that gets formally recognized (or "domesticated") in Florida years after the original case, or a lien connected to a divorce that's being confused with the equitable distribution issues themselves.
That last one comes up more than you'd expect. The liens and the property division in a divorce are related problems, but they're not the same problem, and it's worth untangling them with an attorney before you list, not after an offer is already sitting on the table.
If your Florida home is genuinely your homestead and the debt isn't tied to the property, the odds favor you. If it's a second home, an investment property, or a debt from work done on the house, plan on it coming out of your proceeds at closing like any other lien.
Frequently Asked Questions
Does homestead protection cover a second home or investment property in Miami?
No. The constitutional shield only applies to your primary, permanent residence. A vacation property in Cocoplum or a rental you own elsewhere in Miami-Dade gets no protection from judgment creditors.
How long does a Florida judgment lien last?
A recorded judgment is valid for 10 years, and the creditor can re-record it for another 10 before it expires. That's a long time for an old lien to keep resurfacing on title searches.
Can a judgment from another state follow me to Florida?
Yes. Through a process called domestication, a creditor can have an out-of-state judgment formally recognized in Florida and recorded against property here, sometimes years after the original case closed elsewhere.
Does the title company handle the homestead exemption automatically?
Not automatically. Someone, usually a real estate attorney, has to file a Notice of Homestead under Florida Statute 222.01 and give the creditor the required 45 days to contest it. Skipping this step is what causes closing delays.
Are HOA or contractor liens treated the same way as a judgment?
No. Liens tied directly to the property, like unpaid HOA assessments or a contractor's mechanic's lien, attach to the house itself and aren't shielded by homestead protection the way a personal money judgment is.
Whether Florida's homestead law protects your equity usually isn't the hard part. For a true primary residence, it does. The hard part is catching a recorded judgment early enough that your attorney has time to file the paperwork before your closing date is already on the calendar, not two weeks before it. If something like this is sitting in your background and you're thinking about listing in Coral Gables or Pinecrest, bring it up early. I'm happy to talk through how it plays out before you go to market. Reach out anytime.
About Lynley Ciorobea
Lynley Ciorobea is a Miami-born real estate professional known for helping homeowners successfully prepare, position, and sell their homes across Coral Gables, South Miami, Pinecrest, Palmetto Bay, and the surrounding southern Miami neighborhoods. Since 2007, she has built her business around thoughtful strategy, strong negotiation, and a marketing-first approach designed to help listings stand out in an ever-evolving market.
A true local, Lynley grew up in Pinecrest and graduated from Palmer Trinity School before attending Duke University, where she earned a BA in Psychology. Her deep roots in Miami give her a nuanced understanding of the architecture, lifestyle, and character that make each neighborhood distinct. From classic Old Spanish homes in Coral Gables to newer construction in South Miami and Pinecrest, she brings a local perspective that goes far beyond surface-level market knowledge.
Over the years, Lynley has naturally become a trusted resource for homeowners preparing to sell. Many of her clients come to her long before their home ever hits the market, looking for guidance on timing, pricing, improvements, and how to position their property thoughtfully. She approaches each listing as a strategic launch rather than a simple transaction, combining market insight, negotiation experience, and elevated marketing to help sellers move forward with clarity and confidence.
As the founder of the Lynley Residential Group, Lynley remains personally involved in every listing she represents. She leads each transaction from initial strategy through closing, ensuring that every detail — from pricing and preparation to storytelling and exposure — reflects the uniqueness of the home itself. Her work often centers on architecturally interesting properties and homes where thoughtful positioning can make a meaningful difference in outcome.
Throughout her career, Lynley has consistently ranked among the top real estate agents in Miami. She has been recognized as part of EWM's Chairman's Club, placing in the top 5% of the company; in 2022 she was honored as the #2 individual agent at the company overall with $37 million in annual sales; and she's a leader in Miami with Real Broker. With more than $100 million in career transactions and more than 60 5-star Google reviews, her experience spans a wide range of property types while maintaining a strong focus on seller representation in southern Miami.
Beyond her work with clients, Lynley is known locally for her market insight and community-focused content. Through her weekly newsletter, neighborhood videos, blog posts, and social media, she shares thoughtful perspectives on the Miami real estate market and the lifestyle that surrounds it. Her approach is informative without being overwhelming, offering homeowners a clear understanding of how market conditions affect real decisions.
If you're preparing to sell a home in Coral Gables, Coconut Grove, South Miami, Pinecrest, Palmetto Bay, or nearby areas, Lynley offers a local perspective shaped by experience, relationships, and a genuine understanding of what makes Miami homes so special. Learn more at lynleyresidential.com.