Legal Question in Civil Litigation in Florida
How to respond to summons.
Put lien on property of client who did not pay bill. His property is being forclosed. Plaintiff (the bank) says my claim is inferior to their claim, therefore I don't have a claim. I thought by putting a lien on the property, it would give me a chance for payment How do I respond to the bank's claim?
2 Answers from Attorneys
Re: How to respond to summons.
A foreclosure procedure results in property being sold
at a public auction. The money received is then
distributed to the lienors based on who has priority.
Normally, the mortgage company has first priority.
Other lienors will not get anything unless the money
received exceeds what is owed the mortgagee. However,
there are exceptions. I strongly suggest you seek
the advice of an attorney.
Randall Reder
Randall O. Reder, P.A.
1319 W. Fletcher Ave.
Re: How to respond to summons.
Because you have been served with a summons, my suggestion
would be to consult with an attorney prior to answering it.
A brief opinion via an e-mail inquiry would likely do you
more than harm than good. Since the property is in
litigation, general advice has little value. Find a local
attorney who will look at the specifics of your case.
Journey Beard
Journey Beard
Law Offices of Journey L. Beard
1975 E. Sunrise Blvd., Ste. 726