Can a county code lien on a Merritt Island home lead to foreclosure?
Brevard County code liens attach to Merritt Island property when fines go unpaid, but Florida law bars foreclosing these liens on a homestead.
In unincorporated Brevard, a Code Enforcement Special Magistrate hears violations, and unpaid hearing costs or fines become liens on the property and on other real property with the same owner, according to the county's hearing process page.
Under section 162.09, Florida Statutes, the enforcement board may authorize the local government's attorney to foreclose or sue to collect a lien that stays unpaid 3 months after filing. The same section states that no such lien may be foreclosed on real property that is a homestead.
A homestead lien can still sit on title and must usually be resolved before a sale or refinance. Easler Law PLLC reviews title issues for Merritt Island owners and buyers.
News
- Brevard County Commission Item J.2: AMC Malabar Property Purchase Near Jordan Scrub Sanctuary, October 20
- Brevard County Commission Item J.1: Gamopin Land Purchase for West Cocoa Mud Lake Stormwater Project, October 20
- Brevard County Commission Ordinance Creating the Brevard Barrier Island Land Authority: Public Hearing October 20
- Florida Community Association Manager Citation Rule Takes Effect October 27, 2026
- IRS Trump Account Auto Enrollment Rules Became Effective September 30, 2026
- West Melbourne Ordinance 2026-09: City Council Second Reading on Residential Compatibility Rules, October 20
- IRS Proposes Farmland Sale Installment Tax Rules, Comments Due November 30, 2026
- Florida Condo Board Education Rule Became Effective September 3, 2026
- Florida Appraiser Continuing Education Rule Became Effective October 6, 2026