Legal Question in Real Estate Law in Florida
My bank failed. They had filed a lis pendens almost a year ago and their lawyer never responded to our request to produce the note. I know a lis pendens expires after a year. What does the bank have to do now? Do they still have a right?
Asked on 3/26/10, 12:30 pm
2 Answers from Attorneys
David Labovitz
Labovitz Law Firm, P.A.
Chances are the bank's rights under the note were assigned to a third party. In that case, it would be up to the third party to file a new lis pendens and continue to attempt to enforce the original lender's rights under the note.
Answered on 3/31/10, 2:57 pm
Lesly Longa
Longa Law P.A.
They probably have to start the entire process all over again. If you are served a new complaint, I recommend you consult with an attorney for additional assistance. Regards,
Answered on 4/01/10, 12:52 pm