In short: In Westport Recovery v. Adams (2014), a creditor’s 1996 judgment named the debtor by a short name; an affidavit said he also used the fuller name he later took title under. A buyer’s title examiner saw the judgment but closed anyway. The trial court found the buyer a bona fide purchaser, and the Third District affirmed without opinion.
The Facts
The Third District affirmed without an opinion, so the facts below come from the record and arguments as described in the oral argument, not from findings by the appellate court.
Westport Recovery Corporation held a 1996 money judgment against “Robert Adams.” It recorded an affidavit stating the debtor was also known by a fuller version of his name, the name in which he later took title to Broward County property. Two sales later, the buyer’s title examiner ran a name search. The search returned the judgment, but the examiner saw only “Robert Adams” and a different address and closed without further inquiry.
Westport sought to enforce the judgment against the property. The trial court found the buyer was a bona fide purchaser and that the judgment was not a lien on the property. On appeal Westport argued the buyer was on inquiry notice once the search turned up the judgment, and that the recorded affidavit gave constructive notice. The other side argued the affidavit was effectively a wild or unindexed document a reasonable search would not connect to the owner, that a different name and address do not trigger a duty to investigate, and that Westport knew about an earlier foreclosure and short sale of the property and did nothing.
The Decision
On September 3, 2014, the Third District affirmed per curiam without opinion. A per curiam affirmance without opinion (a PCA) is a one-word decision: the appellate court found no reversible error but gave no reasons, so it does not adopt any party’s argument and cannot be cited as precedent.
What the affirmance left standing: the trial court’s ruling that the buyer took as a bona fide purchaser and that Westport’s judgment was not a lien on the property. The panel did not say whether it agreed there was no inquiry notice, that the affidavit was not properly indexed, that Westport’s own inaction mattered, or some combination.
The Law
Under section 55.10, a judgment becomes a lien on a debtor’s Florida real estate when a certified copy is recorded in the county’s official records along with the judgment holder’s address. Under current law the lien lasts 10 years and can be extended once by re-recording. Recording only helps a creditor if a reasonable searcher would find the judgment and connect it to the owner, because Florida’s recording act, section 695.01, protects buyers who pay value without notice.
Notice comes in two forms. Constructive notice comes from properly recorded and indexed documents. Inquiry notice arises when a buyer learns facts that would lead a prudent person to investigate; the buyer is then charged with what a reasonable investigation would have revealed. Judgment creditors argue a name variation that turns up in a search puts the buyer on inquiry notice; buyers argue a different name and address are reason to rule the judgment out, not to dig further. Courts decide these disputes on the specific names, addresses and indexing involved.
Current law (2026): Section 55.10 (2026): lien attaches on recording a certified copy with lienholder address affidavit; 10-year life for judgments recorded on or after July 1, 1994, extendable once.
Lessons
- Judgment creditors: record the judgment under every name the debtor uses, with the debtor’s identifying information, and re-record when you learn a new name or property. An affidavit off to the side may not be enough.
- Creditors who know a property is changing hands through foreclosure or a short sale should act then, not years later.
- Buyers and title examiners: when a name search turns up a near match, document why it was ruled out (different address, middle name, dates).
- Bona fide purchaser disputes turn on facts; a PCA in one case does not decide the next one.
Source: Westport Recovery Corp. v. Adams, No. 3D14-0379 — Fla. 3d DCA (September 3, 2014).
Watch the Oral Argument
This is the recording of the actual oral argument, posted on the channel. What lawyers and judges say at argument is not the ruling; the decision is summarized above.
Judgment in a Different Name — Bona Fide Purchaser? | Westport Recovery v. Grant, 3D14-0379
Go Deeper
- Deed Fraud in Florida: How Homes Are Stolen on Paper and How to Get Them Back
- How Appeals Work in Florida: The 30-Day Deadline, Costs, and What a PCA Means
Frequently Asked Questions
Is a judgment a lien on property titled under a different version of the debtor's name in Florida?
It depends on notice. A judgment recorded under section 55.10 is a lien on the debtor’s property, but a later buyer who pays value without actual, constructive or inquiry notice can take free of it. In Westport Recovery, the trial court found the buyer took free, and the Third District affirmed without opinion.
What is inquiry notice in a Florida title search?
Inquiry notice means a buyer learned facts that would make a prudent person investigate further. The buyer is then treated as knowing what a reasonable investigation would have uncovered. Whether a judgment under a similar name with a different address triggers that duty is a fact question.
How long does a judgment lien last in Florida?
Under section 55.10, a judgment lien on real estate recorded after July 1, 1994, lasts 10 years from recording and can be extended for another 10 years by re-recording a certified copy, with the required affidavit, before the first lien expires, as long as the judgment itself is still enforceable.
What should a judgment creditor do when the debtor uses more than one name?
Record the judgment with all known names and identifying information so it is indexed where a title searcher will find it, and watch the public records for sales or foreclosures. In Westport Recovery, relying on a separate affidavit linking the names did not stop a later buyer from taking free of the judgment.
Talk to a Florida real estate litigation lawyer
Weidner Law, P.A. handles Florida real estate disputes, title problems and appeals from St. Petersburg. If you need a real estate litigation lawyer, call (727) 954-8752 or email weidner@mattweidnerlaw.com.
Read the law yourself, free: every Florida statute and court rule is on floridarules.net.
This article is general information about Florida law, not legal advice about your situation. Reading it, watching the videos, or contacting the firm does not create an attorney-client relationship. Every case turns on its own facts, and past results do not guarantee a similar outcome. The hiring of a lawyer is an important decision that should not be based solely upon advertisements.
