How to Remove a Lien After Chapter 13 Discharge in Florida
- 1). Locate the deed to your property, your most recent tax bill, and a copy of the lien documents. You need the legal description of your property, which will appear on the deed. You also need its tax identification parcel number, and the book and page number of the official filing of the lien with your county.
- 2). Prepare an affidavit, a written statement, to the creditor who has the lien against your property. The exact language is available on the website of the Florida Senate. Access it and follow the format. It notifies your creditor that your property is exempt from the lien under Section 4, Article X of the Florida Constitution. Fill in the legal description of your property, the tax identification number, and the book and page number of the recorded lien in the appropriate spots.
- 3). Take the affidavit to a notary public after you've completed it. Provide the notary with your identification to prove you are who you say you are, and sign the affidavit in her presence to have it notarized.
- 4). Take your notarized affidavit to the circuit court clerk in the county where the lien was filed. The clerk will file the affidavit and forward a copy to your creditor, notifying it that it has 45 days to object to the removal of the lien. If you have satisfied the debt through your Chapter 13 repayment plan, the creditor has no grounds to object. Section 4, Article X of Florida's statutes prevents a creditor from placing a lien against any property you live in under any circumstances, so if you use the property as your homestead, the lien was void to begin with.
