Whether a creditor can force the sale of your homestead depends on the type of debt. Most creditors cannot even lien homestead property. There are only four exceptions where a creditor can place a lien against your Florida homestead and force its sale:
- Taxes – If you do not pay your property taxes, state taxes, or IRS tax liens, the government can place a lien against your homestead, foreclose the lien, and force the sale of your homestead to pay off your unpaid tax debt.
- Assessments – If you do not pay your homeowner or condominium association assessments, the association can place a lien against your homestead, foreclose the lien, and force the sale of your homestead to pay off unpaid assessments.
- Mortgages – A mortgage lender can foreclose on your homestead.
- Improvements or repairs to the homestead – If you do not pay contractors for work done to your homestead, the contractors can place a lien against your homestead and foreclose the lien.
If the creditor does not meet any of the above exceptions, then the creditor cannot place a lien against your Florida homestead or force its sale. If a lien is placed against your homestead involving any of the above exceptions, then you will need to pay off the lien if you sell or refinance the property.