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Hernando County waives interest on civil restitution lien to let resident refinance; principal lien remains
Summary
The board voted 5-0 to waive interest on a roughly $26,000 civil restitution lien and hold the principal (about $14,150) while giving the property owner 90 days to clear the lien via refinance, after the petitioner said he learned of the recorded lien only during a title search.
The Hernando County Board of County Commissioners on Tuesday voted unanimously to waive accrued interest on a civil restitution lien against homeowner Robert Norman Benson to allow him time to refinance and clear the balance at closing.
Benson told the board he paid restitution and court costs after a 2011 sentence but later discovered a civil restitution lien recorded against his property, with about $12,007 in interest added over the following 15 years. "I paid all restitution and court costs in full," Benson said, describing financial hardship and a traumatic brain injury that limits his earnings.
County Attorney John Jovan explained the statutory mechanism: judges may enter a civil restitution lien for incarceration costs (commonly $50 per day) and the county can seek interest and collection; however, the board has discretion to forgive interest while preserving the principal lien. Staff said the county has used partial satisfactions before to remove interest while leaving the judgment.
Commissioner Ansler and others described the county’s prior practice and the realities of title searches; Commissioner Hawkins moved to forgive the interest while keeping the principal lien intact and attaching a 90‑day window for refinancing or payoff. The board approved the motion 5-0.
The action leaves the recorded civil restitution lien for the original penalty (about $14,150) on the property but removes accumulated interest for the relief period; if Benson’s refinancing does not close within the 90 days the waiver can be reversed and interest reinstated.
What the board recorded: a motion to waive interest for 90 days (approved 5-0). County staff said the county attorney’s office and clerk will provide Benson with the correct lien payoff figure and instructions to submit documentation from his mortgage company.
The board did not forgive the underlying civil restitution judgment, which remains a lien until paid or otherwise resolved.
