Legal Question in Real Estate Law in Florida
assignment 1 Questions
My husband is a landscaper and we issued a lien against a customer would did not pay his monthly lawn service invoice.
A 32 page document was delivered to our door tonight.
It appears to be a SUMMONS.
The case is between JP Morgan Chase Bank versus Randy Burkett (our customer)
Why did we receive a summons?
My husband's name is listed as a defendant!
Do we have to contact the courts in 20 days or does this refer to Mr Burkett?
SORRY I DON'T UNDERSTAND WHAT WE HAVE TO DO.
1 Answer from Attorneys
Re: assignment 1 Questions
Not having seen the summons and attached complaint, since the plaintiff in the suit is a bank my guess is that they are foreclosing on the mortgage on the property. By filing a lien you became a lienholder junior to the mortgage, and thus became a necessary and proper party as a defendant in the foreclosure action. If you do not respond and file an appropriate answer a default judgment will be entered against you. If you do respond, the lien you have will probably be wiped out anyway. You need to decide whether it is worth finding a local attorney to assist you in whether to pursue your claim, and what remedies you have.
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