Legal Question in Real Estate Law in Florida
A Florida title insurance company admitted they should have caught a lien I had properly filed against a homeowner. However, the home was sold without my judgment being paid. The title insurance company tells me that they are going thru their "protocol" in trying to get the previous owner to pay the debt they owe me. This has been dragging on since January and I am getting tired of being told "we're working on it." Can I bring suit against the owners in small claims court? If so, how effective is this? I don't want to spend more money just to keep waiting. Thanks, KK.
2 Answers from Attorneys
If you want to be paid, you are going to have to sue the landowner and assert the lien against the land. eg. file a foreclosure action against the landowner. You also need to consider the prior owner's homestead, to determine whether the lien attached. You haven't provided enough for me to determine this.
You won't likely get anything from the title insurance company. They will probably stonewall.
You need to focus on the status of the current owner.
I've represented someone in your position before. Ms. Winters is right, go after the current owner to foreclose your lien. The current owner will likely freak out and put pressure on his or her title insurance company. If the lien is less than $5k, you can go to small claims.
The "we're working on it" is a stall tactic.
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