Legal Question in Real Estate Law in Florida

Re: Escrow Agent: Breach of Fiduciary Responsibilities

As a general matter, it would be unlikely that any lien obtained in litigation with the escrow agent or the developer could "jump ahead" of the lien of the construction mortgage. I urge you to consult an attorney to review the facts and determine if you have a viable claim against the escrow agent and/or the developer and be aware that there is a statute of limitations on bringing such claims. Should you wish to discuss your matter in greater detail, please do not hesitate to contact me.

Re: Escrow Agent: Breach of Fiduciary Responsibilities

Was the real property at issue located in WA? If so, the escrow agent is a limited practice officer licensed by the Bar Association.

Start by contacting them and explaining why the escrow officer breached his or her duties to you. Once you have established administratively that there was a breach of the officer's duty of care, damages may flow from that finding.

The escrow office may have errors and omissions coverage, and may also be bonded. If this is the case, then you have a way to get your remedy.

If this development is in WA, you can only file a lien on real property when you have a basis for that lien in the property, and you don't. You didn't work on the property as a contractor or an attorney. If you file a lien without a proper basis, there is a statute that can require you to pay attorney fees and costs as necessary to clear the title, so you want to be really careful before you do something like that.

Hope this helps. Elizabeth Powell

Re: Escrow Agent: Breach of Fiduciary Responsibilities

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

The lender's mortgage is already established as a lien against the real property. Assuming you are successful in getting a judgment, your lien would be inferior to the previously recorded mortgage. If the escrow agent breached his duty, you may have a claim against him. You need to review the facts with a qualified attorney to determine your legal rights and remedies.

Scott R. Jay, Esq.