The following is a charging lien case. The trial court granted a charging lien to be applied to the Husband’s homesteaded property. The appellate court reversed the application of the charging lien to homestead property, citing a prior case that had ruled a waiver of homestead is ineffective in an unsecured debt transaction. The lien and presumably the judgment were deemed valid, though, except as applied to the homesteaded property. The practical effect is that the law firm that received the lien could not force the sale of the homestead property to satisfy the lien (a lien foreclosure action). Had the property not been the homestead property of the debtor (client), the lien would have been effective.
Read More: Felice-v-Sutherland-Pullen-Law-PLLC