Bulletin: FL000049

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

Dear Associates:

Restitution Liens occur when a court orders a defendant in a criminal case to make restitution to the victim. Like a Code Enforcement Lien, Restitution Liens have the characteristics of a judgment lien.

F.S. Section 775.089(5) F.S. was amended in 1993 to read:

"An order of restitution, may be enforced by the state, or by a victim named in the order to receive the restitution, in the same manner as a judgment in a civil action. The outstanding unpaid amount of the order of restitution bears interest in accordance with section 55.03, and, when properly recorded, becomes a lien on real estate owned by the defendant."

Since properly recorded does not necessarily mean recording a certified copy, a Restitution Lien need not be certified in order to become a lien against the defendant's property.

The duration of the lien is seven years from the date of recording and can be extended initially for another seven years and then again for six years for a total of twenty years.

An exception must be made for a Restitution Lien unless a satisfaction has been recorded. The satisfaction should be executed by the party directed by the court to collect and disburse restitution payments. If no such party is designated in the restitution order the victim should execute the satisfaction.

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