Legal Question in Real Estate Law in Florida

Can I forcloused on a property with a lien filed

I bought a house last year and pay it cash it's been over a year and we still haven't do the closing s of yet. Meanwhile I live in the property and the seller is paying for the utilities bills until we do the closing, we also have filed a lis pendens against the property that I bought. Now the seller have no intention in closing no time soon. Now I am planning to floreclosed on one of his proprety until he satisfied me with the warranty deed but I just found out that the particular property have a lien as well. Can I still forclosed on the property regardless. please advise. Thank you.


Asked on 11/09/04, 9:22 pm

2 Answers from Attorneys
Tonia Troutwine, Esquire - Troutwine Law Group. LLC

Re: Can I forcloused on a property with a lien filed

Depending on your particular circumstances, it is possible to file an action to foreclose on a property where there is a lien. However, you will want to determine whether the lien you filed has priority over the other liens. If the debt you owe is unsecured and the other liens have priority then you may end up paying the cost for a foreclosure action and paying the debt of other lienholders out of the proceeds of the foreclosure sale.

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Answered on 11/13/04, 8:23 am
David Slater David P. Slater, Esq.

Re: Can I forcloused on a property with a lien filed

The lis pendens lien you filed on one property does not extend to another. You will have to start a legal proceeding an obtain a monetary judgment.

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Answered on 11/09/04, 10:46 pm


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