Bulletin: FL000048

Date:
September 07, 1994
To:
All Stewart Title Offices and Florida Agents
RE:
Code Enforcement Liens

Dear Associates:

There is a general misconception concerning the scope of Code Enforcement Liens on real property. Many believe the lien applies only to the property which is the subject of the violation. This is not the case. A code enforcement lien has the same characteristics a judgment lien has against the violator. It attaches not only to the property on which the violation exists, but also on other property owned by the violator in the county(s) in which the lien is recorded.

F.S. Section 162.09 (3) reads:

"A certified copy of an order imposing a fine may be recorded in the public records and thereafter shall constitute a lien against the land on which the violation exists and upon any other real or personal property owned by the violator..."

In addition, a code violation remains a lien against all of the violator's property for twenty years after a certified copy of the lien is recorded.

Therefore, unless a code violation has been satisfied on the record by the local governing body or has been recorded for longer than twenty years, or is paid off at closing, an exception must be taken for it on any property owned by the violator in a county in which the lien is recorded.

THIS BULLETIN IS FURNISHED TO INFORM YOU OF CURRENT DEVELOPMENTS. AS A REMINDER, YOU ARE CHARGED WITH KNOWLEDGE OF THE CONTENT ON VIRTUAL UNDERWRITER  AS IT EXISTS FROM TIME TO TIME AS IT APPLIES TO YOU, AS WELL AS ANY OTHER INSTRUCTIONS. OUR UNDERWRITING AGREEMENTS DO NOT AUTHORIZE OUR ISSUING AGENTS TO ENGAGE IN SETTLEMENTS OR CLOSINGS ON BEHALF OF STEWART TITLE GUARANTY COMPANY. THIS BULLETIN IS NOT INTENDED TO DIRECT YOUR ESCROW OR SETTLEMENT PRACTICES OR TO CHANGE PROVISIONS OF APPLICABLE UNDERWRITING AGREEMENTS. CONFIDENTIAL, PROPRIETARY, OR NONPUBLIC PERSONAL INFORMATION SHOULD NEVER BE SHARED OR DISSEMINATED EXCEPT AS ALLOWED BY LAW. IF APPLICABLE STATE LAW OR REGULATION IMPOSES ADDITIONAL REQUIREMENTS, YOU SHOULD CONTINUE TO COMPLY WITH THOSE REQUIREMENTS.

References

Bulletins Replaced:
None
Related Bulletins:
None
Underwriting Manual:
10.08 Judgments
Exceptions Manual:
FL Judgments
Forms:
None