There is no doubt that an uncertified copy of the judgment is insufficient as a matter of law to create a lien on real property and a certified copy of the judgment must be recorded in the County's Official Records before a valid judgment lien is created. Smith v. Venus Condominium Association, Inc., 352 So.2d 1169 (Fla. 1978). Therefore, any lien claimed by virtue of a recorded uncertified copy of a judgment is not valid.

The debtor is here on a motion to reopen the case under 11 U.S.C. § 350 to seek a determination that a judgment lien is void. The relevant facts are undisputed and the parties agreed before me on February 13 to submit the ultimate issue. The Southeast Bank of Deerfield Beach obtained a judgment in 1978 against the debtor on a promissory note. A certified copy of that judgment was recorded in Broward County on January 10, 1978. Since 1978, a certified copy of a judgment, whether state or federal, must be recorded in the county to effect a judgment lien against property within that county, whether it be the forum county or not. § 55.10, Florida Statutes; Smith v. Venus Condominium Ass'n, Inc., Fla. 1978, 352 So.2d 1169. At that time, the debtor owned an undivided interest in a home in Broward County.

In his first point on appeal, appellant argues that imposition of a section 55.10, Florida Statutes (1979), lien is improper absent a showing that a certified copy of the judgment was filed in the public records as required by section 55.10(1). Smith v. Venus Condominium Ass'n, Inc., 352 So.2d 1169 (Fla. 1978). The Savings and Loan notes that this issue was raised for the first time on appeal and that section 55.10 is inapplicable since this action is in the nature of a creditor's bill and not an attempt to impose a statutory lien.

Florida cases have recognized the difference between judgments which form the basis of a lien and judgments which give evidence of and establish a preexisting lien that merges into a judgment subsequently issued. In Smith v. Venus Condominium Ass'n, Inc., 352 So.2d 1169, 1170-1171 (Fla. 1978), the court stated: At common law, except for debts due the King, the lands of a debtor were not liable to the satisfaction of a judgment lien against him, and consequently, a judgment did not operate as a lien on the real estate of the debtor.